RESOLUTION 2026-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
AWARDING PROFESSIONAL SERVICES AGREEMENTS TO BLAIS & ASSOCIATES,
EVAN BROOKS ASSOCIATES, AND TOWNSEND PUBLIC AFFAIRS FOR ON-CALL
GRANT WRITING AND GRANT MANAGEMENT SERVICES IN A TOTAL
AGGREGATE NOT-TO-EXCEED AMOUNT OF $100,000, WITH RENEWAL OPTIONS,
AND REJECTING ALL OTHER PROPOSALS
WHEREAS, the City regularly pursues grant funding to support public infrastructure, public safety, parks and recreation, economic development, community development, transportation, environmental, and other municipal priorities; and WHEREAS, grant opportunities are often highly competitive and may require technical writing, benefit analysis, supporting documentation, project coordination, and compliance with strict application requirements and deadlines; and WHEREAS, to ensure the City has access to qualified professional support, the City released Request for Proposals (RFP) No. 26-127 for Grant Writing and Grant Management Services through the City’s ProcureNow/OpenGov procurement system; and
WHEREAS, the solicitation requested professional, on-call grant writing and grant management services to assist with identifying grant opportunities, preparing applications, and providing post-award grant administration support as needed; and WHEREAS, the City received twelve (12) proposals in response to the RFP, and an evaluation committee reviewed the proposals based on qualifications, relevant experience, approach, ability to provide grant writing and grant management services, service flexibility, and pricing; and
WHEREAS, following the review of the proposals, staff recommended a bench award of on-call consultants to Blais & Associates, Evan Brooks Associates, and Townsend Public Affairs, and rejecting all other proposals as approved under this resolution; and
WHEREAS, the bench approach allows the City to assign work based on the type of grant opportunity, subject matter expertise, workload, availability, and the specific needs of each department, while avoiding reliance on a single consultant when grant deadlines are time-sensitive or multiple opportunities arise at the same time; and WHEREAS, the total aggregate award for all three consultants shall not exceed $100,000 for the initial one-year term of the agreements, subject to renewal based on satisfactory performance, available budget appropriations, City needs, and applicable purchasing requirements.
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Resolution 2026-109
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves Professional Services Agreements with Blais & Associates, Evan Brooks Associates, and Townsend Public Affairs for on-call grant writing and grant management services in a total aggregate not-to-exceed amount of $100,000, and rejects all other proposals received in response to RFP No. 26-127.
SECTION 2. City Council authorizes the City Manager or designee to approve up to four (4) additional single-year renewals of the agreements, subject to satisfactory performance, available budget appropriations, City needs, and applicable purchasing requirements.
SECTION 3. City Council authorizes the City Manager or designee to make necessary non-substantive revisions to the agreements, execute the agreements and related task orders, purchase orders, and documents necessary to implement the agreements, and make necessary budget adjustments, appropriations, transfers and account coding assignments related to grant writing and grant management services.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED, AND ADOPTED this 14th day of July 2026.
Richard Royce, Mayor
City of Banning
ATTEST:
Sandra Calderon, Deputy City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
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CERTIFICATION:
I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-109, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of July 2026 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Deputy City Clerk
City of Banning, California
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Resolution 2026-109
Exhibit A
Draft Agreements
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1 AGREEMENT FOR PROFESSIONAL SERVICES (C01275)
BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the ____________ by and between the CITY OF BANNING, a California municipal corporation (“City”) whose address is 99 East Ramsey Street, Banning, California 92220, and TOWNSEND PUBLIC AFFAIRS, INC, a California Corporation Company whose address is 1401 Dove Street, Suite 430, Newport Beach, California 92660 (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. City desires to engage Contractor to provide the following services: grant writing and grant management services; and
B. Contractor has made a proposal (“Proposal”) to the City to provide such professional services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this reference; and
C. Contractor agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to City that Contractor possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after one (1) year, unless extended for up to four (4) additional one (1) year terms upon approval of the City Council of the City.
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2 2. Services to be Performed. Contractor agrees to provide the services (“Services”) as follows: municipality grant writing and submission to Federal, State, foundations, agencies, and organizations to secure grant funding on an on-call, task-authorized basis, including, as authorized by the City in accordance with Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates Alex Gibbs as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.
3. Associates and Subcontractors. Contractor may, at Contractor’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as Contractor deems necessary to perform the Services; provided, however, that Contractor shall not subcontract any of the Services without the prior written consent of City.
Contractor shall ensure that all subcontractors comply with the requirements of this Agreement, including, but not limited to, insurance, indemnification, and licensing requirements.
4. Compensation.
4.01 Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates, including fixed fees, quoted project pricing, hourly rates, and any authorized task-specific pricing set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. This Agreement does not establish a not-to-exceed Contract Sum for Consultant; instead, compensation shall be limited only by (i) the hourly rates in Exhibit C, (ii) the availability of funds within the City’s annual budget allocated for all contractors awarded under RFP 26-127 Grant Writing and Grant management Services as stated in Section 4.01.1 of this Agreement, and (iii) written task orders or authorizations issued by the City. All Services must be authorized in advance in writing by the City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.
4.01.1 City’s Annual Budget Limitation and Budget-Exhaustion Notice.
A. Annual Budget Limitation. The Parties acknowledge and agree that the Consultant is one of three (3) firms awarded a contract pursuant to RFP 26-127 for Grant Writing 352
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3 and Grant Management Services. The City has established an annual, fiscal-year budget of One Hundred Thousand Dollars ($100,000) in total to compensate all three (3) firms collectively for services performed under their respective agreements. Payment to Consultant for services under this Agreement is subject to the availability of funds within this annual shared budget.
B. No Guarantee of Work or Allocation. Consultant understands and agrees that the City does not guarantee the Consultant any minimum amount of work or compensation under this Agreement. The City has sole discretion to distribute work among the three awarded firms, and the total compensation shall not exceed the total annual budget identified above.
C. Notice of Budget Exhaustion. The City shall provide written notice to Consultant in the event the annual Citywide budget for Grant Writing and Grant Management Services is exhausted. Upon the Consultant’s receipt of such notice, the City shall have no obligation to issue new task orders, authorize additional services, or make payment for any services performed after the date of such notice, unless and until additional funds are appropriated by the City in accordance with applicable law.
D. For clarity, nothing in this Agreement shall be construed as an appropriation or commitment by the City to expend the entire annual budget described in Section 4.01.1, nor as a guarantee that any portion of such budget will be used for Services under this Agreement.
4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.
4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The City shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Verification that the hours billed, when multiplied by the approved hourly rates, result in the correct total;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall 353
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4 either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to Contractor of the adjustment.
4.04 If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. Should City dispute any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Contractor in writing of the disputed portion.
5. Obligations of Contractor.
5.01 Contractor agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the City other than the Services to be rendered and the hourly rate for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, Contractor will supply all personnel, materials and equipment required to perform the Services. Contractor shall provide its own offices, telephones, vehicles and computers. Contractor will determine the method, details, and means of performing the Services under this Agreement.
5.03 Contractor shall keep City informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by City, Contractor shall prepare written status reports.
5.04 Contractor is responsible for paying, when due, all income and other taxes, fees, and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. Contractor agrees to indemnify, defend, and hold harmless City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.
5.05 In the event Contractor is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. 354
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5 In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity.
5.07 Contractor shall be solely responsible for obtaining Employment Eligibility Verification information from Contractor’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that Contractor’s employees are eligible to work in the United States.
5.08 In the event that Contractor employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the City and shall be subject to the City’s advance written approval.
5.09 Drug-free Workplace Certification. By signing this Agreement, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace.
5.10 Contractor shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act, related to their scope of work and operations. In case of conflict, the most stringent shall apply.
5.11 Contractor shall keep itself informed concerning and shall render all Services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state or local governmental entity having jurisdiction in effect at the time service is rendered.
5.12 By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the conditions, circumstances, difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such facts and shall not proceed except at Contractor’s sole risk until written instructions are received from the Project Manager. 355
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6 Contractor warrants all Services under the Agreement to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Services (or work of other contractors) damaged by Contractor’s defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor’s obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor.
In the event that Contractor fails to fulfil its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Services and any work damaged by such services or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
5.13 Time is of the essence in the performance of this Agreement.
6. Insurance. Contractor hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.
Therefore, throughout the duration of this Agreement, Contractor hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02.
If existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; Contractor agrees to have its insurer 356
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7 endorse the general liability coverage required herein to include as additional insured’s City, its officials, employees and agents. Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers’ Compensation insurance for any of Contractor’s employees that will be providing any Services hereunder. Contractor will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any Workers’ Compensation insurance will not limit the obligations of Contractor under this Agreement.
Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. Sole proprietors with no employees, LLCs, or partnerships using the services of members or partners who do not carry Workers’ Compensation insurance acknowledge that they are not subject to the Workers’ Compensation Act of the State of California and agree to complete a signed workers compensation exemption form.
6.04 Optional Insurance Coverage. Choose and check one: Required X /Not Required __; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by Contractor, its employees and/or agents in the performance of any Services for City.
6.05 Cyber Liability Insurance REQUIRED IF CHECKED HERE ONLY [___] (Technology Professional Liability – Errors and Omissions), with limits not less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate or the full per occurrence limits of the policies available, whichever is greater. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. Contractor will file with City, before beginning professional services, certificates of insurance (Acord Form 25 or equivalent) satisfactory to City evidencing.
6.06 If Claims Made Policies (applies only to professional liability and cyber liability policies):
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8 i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract work.
7. General Conditions pertaining to Insurance Coverage.
7.01 No liability insurance coverage provided shall prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor waives all rights of subrogation against City regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do the same.
7.02 Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03 All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A-VII”. The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
Contractor acknowledges and agrees that that all insurance coverage required to be provided by Contractor or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to City.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 358
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9 7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
7.07 The coverage shall contain no special limitations on the scope of protection afforded to City, its directors, officers, employees, or authorized volunteers. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
8. Indemnification.
8.01 Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by Contractor or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to City. Contractor acknowledges that City would not enter into this Agreement in the absence of the commitment of Contractor to defend, indemnify, and protect City as set forth herein.
a. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by City, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.
Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City.
b. Without affecting the rights of City under any provision of this Agreement or this Section, Contractor shall not be required to indemnify and hold harmless City 359
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10 as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 8A Indemnification Design Professionals. In the event that Contractor is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Contractor shall defend, indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to Contractor shall not exceed Contractor’s proportionate percentage of fault.
9. Additional Services, Changes and Deletions.
9.01. In the event Contractor performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of City, Contractor shall not be compensated for such services. Contractor expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the City in writing.
9.02 Contractor shall promptly advise the City Manager and Finance Director of City as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City and/or City Council.
10. Termination of Agreement.
10.01. Notwithstanding any other provision of this Agreement, City, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to Contractor.
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11 10.02 In the event of termination, the payment of monies due Contractor for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, Contractor agrees to promptly provide and deliver to City all original documents, reports, studies, plans, specifications and the like which are in the possession or control of Contractor and pertain to City.
11. Status of Contractor.
11.01 Contractor shall perform the Services in Contractor’s own way as an independent contractor, and in pursuit of Contractor’s independent calling, and not as an employee of City. However, Contractor shall regularly confer with City’s City Manager or Project Manager as provided for in this Agreement.
11.02 Contractor agrees that it is not entitled to the rights and benefits afforded to City’s employees, including disability or unemployment insurance, Workers’ Compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, Workers’ Compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 Contractor hereby specifically represents and warrants to City that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the City is located. Further, Contractor represents and warrants that the individual signing this Agreement on behalf of Contractor has the full authority to bind Contractor to this Agreement.
12. Ownership of Documents; Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties, and all other documents of any kind or nature prepared, developed, or obtained by Contractor in connection with the performance of Services performed for the City shall become the sole property of City, and Contractor shall promptly deliver all such materials to City upon request. At the City’s sole discretion, Contractor may be permitted to retain original documents, and furnish reproductions to City upon request, at no cost to City.
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12 12.02 Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement.
Contractor shall not use such data or documents for purposes other than the performance of this Agreement, nor shall Contractor release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of City.
12.03 Contractor shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City’s agents for examination all of such records and shall permit City’s agents to audit, examine and reproduce such records.
12.04 Contractor acknowledges that the City is a California municipal corporation and is subject to the California Public Records Act, Government Code § 7920.000 et seq. (“CPRA”), and other applicable laws requiring public access to records. Contractor further acknowledges and agrees that any and all documents, records, data, writings, communications, materials, and other information of any kind, in any format (including electronic format), that Contractor (or any associate, subcontractor, consultant, or agent of Contractor) prepares, develops, obtains, provides, transmits, or submits to the City, or that are otherwise received or maintained by the City, in connection with this Agreement or the Services may constitute public records and may be subject to disclosure to third parties in response to a CPRA request, unless the City determines that all or a portion of the Submitted Materials are exempt from disclosure under the CPRA or other applicable law.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 Contractor shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of City. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
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13 13.03 Contractor shall timely file FPPC Form 700 Conflict of Interest Statements with City if required by California law and/or the City’s conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 Contractor covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 Contractor has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. Contractor agrees that they are unaware of any financial or economic interest of any public officer or employee of the City relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the City may immediately terminate this Agreement by giving notice thereof. Contractor shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the City in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by City. The City, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the City with respect to the proposal and award process of this Agreement or any City contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any City contract has been awarded. Contractor shall immediately report any attempt by any City officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. 363
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14 13.09 Severability. If any portion, section, sentence, provision or paragraph of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
13.10 Prevailing Wages. Contractor shall be responsible to comply with applicable prevailing wages laws. As a condition of payment, if applicable Contractor shall show proof of payment of wages under applicable state and federal laws and regulations relating to prevailing wages in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1, 1773.5, and 1773.9”, for Riverside County and/or 40 U.S.C. Section 276a, et. seq.
Such wage rates shall conform with those posted at City offices and the project site. In the event that the Contractor fails to pay the prevailing wages, the Contractor shall be solely liable for penalties and for the shortfall in wages and shall indemnify, defend and hold harmless City under Section 8.01 against any of the same. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1771 - Requirement to Pay Prevailing Wages
2. Section 1773.1 – Per Diem Wages; Travel and Subsistence Pay.
3. Section 1774 – Payment of Prevailing Wage Rates.
4. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
5. Section 1776 – Payroll Records and Certified Payroll Reports.
6. Section 1777.5 - Apprenticeship Requirements.
7. Sections 1810 and 1811 - Working Hour Restrictions.
8. Section 1813 - Penalty for Failure to Pay Overtime.
13.11 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.
13.12 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or 364
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15 remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
13.13 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
13.14 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purpose of this Agreement.
13.15 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
13.16 Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations is delayed or prevented by causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, fires, floods, epidemics, pandemics, earthquakes, strikes, labor disputes, governmental orders, or failure of utilities. The affected party shall promptly notify the other party in writing of the occurrence of such event and shall use reasonable efforts to resume performance as soon as practicable. Force majeure shall not excuse the obligation to make payments when due. In no event shall force majeure entitle Contractor to additional compensation, but only to a reasonable extension of time.
13.17 Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified neither party shall be responsible for the service of the other.
13.18 The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. The parties expressly adopt and confirm each electronic signature made by a party to this Agreement, regardless of whether delivered in person, by mail, courier, facsimile, email, or in portable document format (PDF), as if the same 365
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16 were manually signed and delivered in person. Each party agrees not to assert that any electronic signature is inadequate to bind such party to the same extent as if signed manually and delivered in person.
13.19 The provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement shall survive such expiration or termination.
Without limiting the foregoing, the provisions relating to indemnification, ownership of documents and intellectual property, audit and records retention, insurance obligations, confidentiality, and payment obligations shall survive the termination or expiration of this Agreement.
13.20 Notice. Any notice, demand, request, consent, approval, or other communication required or permitted to be given under this Agreement (“Notice”) shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight courier, sent by certified or registered mail (return receipt requested), or sent by electronic mail, addressed as follows:
To City:
City of Banning
Attn: City Manager
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
To Contractor:
Townsend Public Affairs, Inc.
Attn: Chrisopher Townsend
1401 Dove Street, Suite 430
Newport Beach, California 92660
Email: [email protected]
Notices shall be deemed received as follows: (i) on the date of delivery if delivered personally; (ii) one (1) business day after deposit with a nationally recognized overnight courier; (iii) three (3) business days after deposit in the United States mail, postage prepaid; or (iv) on the date transmitted if sent by electronic mail during normal business hours of the receiving party, or on the next business day if sent after normal business hours. Either party may change its address for Notice by providing written Notice of such change to the other party in accordance with this Section.
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17 13.21 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which counterparts taken together shall constitute one and the same instrument for all purposes of this Agreement.
13.22 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. [SIGNATURES ON FOLLOWING PAGE]
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18 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY: CONTRACTOR:
CITY OF BANNING TOWNSEND PUBLIC AFFAIRS, INC.
By:_______________________ By:_______________________
Elizabeth Gibbs, City Manager Print
Name: ____________________
Date: ______________________
Date: _____________________
ATTEST:
By: ______________________
Sandra Calderon, Deputy City Clerk
Date: __________________
APPROVED AS TO FORM:
By: ______________________
John O. Pinkney, City Attorney
Date: __________________
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19 EXHIBIT “A”
PROPOSAL
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CERTIFICATES OF INSURANCE
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SCHEDULE OF COMPENSATION
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1 AGREEMENT FOR PROFESSIONAL SERVICES (C01276)
BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the ____________ by and between the CITY OF BANNING, a California municipal corporation (“City”) whose address is 99 East Ramsey Street, Banning, California 92220, and EVAN BROOKS ASSOCIATES, INC, a California Corporation whose address is 301 East Colorado Blvd, Suite 524, Pasadena, California 91101 (“Contractor”).
City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. City desires to engage Contractor to provide the following services: grant writing and grant management services; and
B. Contractor has made a proposal (“Proposal”) to the City to provide such professional services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this reference; and
C. Contractor agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to City that Contractor possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after one (1) year, unless extended for up to four (4) additional one (1) year terms upon approval of the City Council of the City.
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2 2. Services to be Performed. Contractor agrees to provide the services (“Services”) as follows: municipality grant writing and submission to Federal, State, foundations, agencies, and organizations to secure grant funding on an on-call, task-authorized basis, including, as authorized by the City in accordance with Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates Daniel Bartelson as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.
3. Associates and Subcontractors. Contractor may, at Contractor’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as Contractor deems necessary to perform the Services; provided, however, that Contractor shall not subcontract any of the Services without the prior written consent of City.
Contractor shall ensure that all subcontractors comply with the requirements of this Agreement, including, but not limited to, insurance, indemnification, and licensing requirements.
4. Compensation.
4.01 Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates, including fixed fees, quoted project pricing, hourly rates, and any authorized task-specific pricing set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. This Agreement does not establish a not-to-exceed Contract Sum for Consultant; instead, compensation shall be limited only by (i) the hourly rates in Exhibit C, (ii) the availability of funds within the City’s annual budget allocated for all contractors awarded under RFP 26-127 Grant Writing and Grant management Services as stated in Section 4.01.1 of this Agreement, and (iii) written task orders or authorizations issued by the City. All Services must be authorized in advance in writing by the City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.
4.01.1 City’s Annual Budget Limitation and Budget-Exhaustion Notice.
A. Annual Budget Limitation. The Parties acknowledge and agree that the Consultant is one of three (3) firms awarded a contract pursuant to RFP 26-127 for Grant Writing 382
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3 and Grant Management Services. The City has established an annual, fiscal-year budget of One Hundred Thousand Dollars ($100,000) in total to compensate all three (3) firms collectively for services performed under their respective agreements. Payment to Consultant for services under this Agreement is subject to the availability of funds within this annual shared budget.
B. No Guarantee of Work or Allocation. Consultant understands and agrees that the City does not guarantee the Consultant any minimum amount of work or compensation under this Agreement. The City has sole discretion to distribute work among the three awarded firms, and the total compensation shall not exceed the total annual budget identified above.
C. Notice of Budget Exhaustion. The City shall provide written notice to Consultant in the event the annual Citywide budget for Grant Writing and Grant Management Services is exhausted. Upon the Consultant’s receipt of such notice, the City shall have no obligation to issue new task orders, authorize additional services, or make payment for any services performed after the date of such notice, unless and until additional funds are appropriated by the City in accordance with applicable law.
D. For clarity, nothing in this Agreement shall be construed as an appropriation or commitment by the City to expend the entire annual budget described in Section 4.01.1, nor as a guarantee that any portion of such budget will be used for Services under this Agreement.
4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.
4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The City shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Verification that the hours billed, when multiplied by the approved hourly rates, result in the correct total;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall 383
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4 either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to Contractor of the adjustment.
4.04 If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. Should City dispute any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Contractor in writing of the disputed portion.
5. Obligations of Contractor.
5.01 Contractor agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the City other than the Services to be rendered and the hourly rate for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, Contractor will supply all personnel, materials and equipment required to perform the Services. Contractor shall provide its own offices, telephones, vehicles and computers. Contractor will determine the method, details, and means of performing the Services under this Agreement.
5.03 Contractor shall keep City informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by City, Contractor shall prepare written status reports.
5.04 Contractor is responsible for paying, when due, all income and other taxes, fees, and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. Contractor agrees to indemnify, defend, and hold harmless City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.
5.05 In the event Contractor is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. 384
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5 In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity.
5.07 Contractor shall be solely responsible for obtaining Employment Eligibility Verification information from Contractor’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that Contractor’s employees are eligible to work in the United States.
5.08 In the event that Contractor employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the City and shall be subject to the City’s advance written approval.
5.09 Drug-free Workplace Certification. By signing this Agreement, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace.
5.10 Contractor shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act, related to their scope of work and operations. In case of conflict, the most stringent shall apply.
5.11 Contractor shall keep itself informed concerning and shall render all Services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state or local governmental entity having jurisdiction in effect at the time service is rendered.
5.12 By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the conditions, circumstances, difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such facts and shall not proceed except at Contractor’s sole risk until written instructions are received from the Project Manager. 385
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6 Contractor warrants all Services under the Agreement to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Services (or work of other contractors) damaged by Contractor’s defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor’s obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor.
In the event that Contractor fails to fulfil its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Services and any work damaged by such services or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
5.13 Time is of the essence in the performance of this Agreement.
6. Insurance. Contractor hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.
Therefore, throughout the duration of this Agreement, Contractor hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02.
If existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; Contractor agrees to have its insurer 386
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7 endorse the general liability coverage required herein to include as additional insured’s City, its officials, employees and agents. Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers’ Compensation insurance for any of Contractor’s employees that will be providing any Services hereunder. Contractor will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any Workers’ Compensation insurance will not limit the obligations of Contractor under this Agreement.
Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. Sole proprietors with no employees, LLCs, or partnerships using the services of members or partners who do not carry Workers’ Compensation insurance acknowledge that they are not subject to the Workers’ Compensation Act of the State of California and agree to complete a signed workers compensation exemption form.
6.04 Optional Insurance Coverage. Choose and check one: Required X /Not Required __; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by Contractor, its employees and/or agents in the performance of any Services for City.
6.05 Cyber Liability Insurance REQUIRED IF CHECKED HERE ONLY [___] (Technology Professional Liability – Errors and Omissions), with limits not less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate or the full per occurrence limits of the policies available, whichever is greater. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. Contractor will file with City, before beginning professional services, certificates of insurance (Acord Form 25 or equivalent) satisfactory to City evidencing.
6.06 If Claims Made Policies (applies only to professional liability and cyber liability policies):
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8 i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract work.
7. General Conditions pertaining to Insurance Coverage.
7.01 No liability insurance coverage provided shall prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor waives all rights of subrogation against City regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do the same.
7.02 Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03 All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A-VII”. The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
Contractor acknowledges and agrees that that all insurance coverage required to be provided by Contractor or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to City.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 388
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9 7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
7.07 The coverage shall contain no special limitations on the scope of protection afforded to City, its directors, officers, employees, or authorized volunteers. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
8. Indemnification.
8.01 Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by Contractor or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to City. Contractor acknowledges that City would not enter into this Agreement in the absence of the commitment of Contractor to defend, indemnify, and protect City as set forth herein.
a. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by City, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.
Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City.
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10 as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 8A Indemnification Design Professionals. In the event that Contractor is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Contractor shall defend, indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to Contractor shall not exceed Contractor’s proportionate percentage of fault.
9. Additional Services, Changes and Deletions.
9.01. In the event Contractor performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of City, Contractor shall not be compensated for such services. Contractor expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the City in writing.
9.02 Contractor shall promptly advise the City Manager and Finance Director of City as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City and/or City Council.
10. Termination of Agreement.
10.01. Notwithstanding any other provision of this Agreement, City, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to Contractor.
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11 10.02 In the event of termination, the payment of monies due Contractor for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, Contractor agrees to promptly provide and deliver to City all original documents, reports, studies, plans, specifications and the like which are in the possession or control of Contractor and pertain to City.
11. Status of Contractor.
11.01 Contractor shall perform the Services in Contractor’s own way as an independent contractor, and in pursuit of Contractor’s independent calling, and not as an employee of City. However, Contractor shall regularly confer with City’s City Manager or Project Manager as provided for in this Agreement.
11.02 Contractor agrees that it is not entitled to the rights and benefits afforded to City’s employees, including disability or unemployment insurance, Workers’ Compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, Workers’ Compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 Contractor hereby specifically represents and warrants to City that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the City is located. Further, Contractor represents and warrants that the individual signing this Agreement on behalf of Contractor has the full authority to bind Contractor to this Agreement.
12. Ownership of Documents; Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties, and all other documents of any kind or nature prepared, developed, or obtained by Contractor in connection with the performance of Services performed for the City shall become the sole property of City, and Contractor shall promptly deliver all such materials to City upon request. At the City’s sole discretion, Contractor may be permitted to retain original documents, and furnish reproductions to City upon request, at no cost to City.
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12 12.02 Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement.
Contractor shall not use such data or documents for purposes other than the performance of this Agreement, nor shall Contractor release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of City.
12.03 Contractor shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City’s agents for examination all of such records and shall permit City’s agents to audit, examine and reproduce such records.
12.04 Contractor acknowledges that the City is a California municipal corporation and is subject to the California Public Records Act, Government Code § 7920.000 et seq. (“CPRA”), and other applicable laws requiring public access to records. Contractor further acknowledges and agrees that any and all documents, records, data, writings, communications, materials, and other information of any kind, in any format (including electronic format), that Contractor (or any associate, subcontractor, consultant, or agent of Contractor) prepares, develops, obtains, provides, transmits, or submits to the City, or that are otherwise received or maintained by the City, in connection with this Agreement or the Services may constitute public records and may be subject to disclosure to third parties in response to a CPRA request, unless the City determines that all or a portion of the Submitted Materials are exempt from disclosure under the CPRA or other applicable law.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 Contractor shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of City. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
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13 13.03 Contractor shall timely file FPPC Form 700 Conflict of Interest Statements with City if required by California law and/or the City’s conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 Contractor covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 Contractor has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. Contractor agrees that they are unaware of any financial or economic interest of any public officer or employee of the City relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the City may immediately terminate this Agreement by giving notice thereof. Contractor shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the City in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by City. The City, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the City with respect to the proposal and award process of this Agreement or any City contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any City contract has been awarded. Contractor shall immediately report any attempt by any City officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. 393
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14 13.09 Severability. If any portion, section, sentence, provision or paragraph of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
13.10 Prevailing Wages. Contractor shall be responsible to comply with applicable prevailing wages laws. As a condition of payment, if applicable Contractor shall show proof of payment of wages under applicable state and federal laws and regulations relating to prevailing wages in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1, 1773.5, and 1773.9”, for Riverside County and/or 40 U.S.C. Section 276a, et. seq.
Such wage rates shall conform with those posted at City offices and the project site. In the event that the Contractor fails to pay the prevailing wages, the Contractor shall be solely liable for penalties and for the shortfall in wages and shall indemnify, defend and hold harmless City under Section 8.01 against any of the same. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1771 - Requirement to Pay Prevailing Wages
2. Section 1773.1 – Per Diem Wages; Travel and Subsistence Pay.
3. Section 1774 – Payment of Prevailing Wage Rates.
4. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
5. Section 1776 – Payroll Records and Certified Payroll Reports.
6. Section 1777.5 - Apprenticeship Requirements.
7. Sections 1810 and 1811 - Working Hour Restrictions.
8. Section 1813 - Penalty for Failure to Pay Overtime.
13.11 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.
13.12 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or 394
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15 remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
13.13 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
13.14 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purpose of this Agreement.
13.15 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
13.16 Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations is delayed or prevented by causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, fires, floods, epidemics, pandemics, earthquakes, strikes, labor disputes, governmental orders, or failure of utilities. The affected party shall promptly notify the other party in writing of the occurrence of such event and shall use reasonable efforts to resume performance as soon as practicable. Force majeure shall not excuse the obligation to make payments when due. In no event shall force majeure entitle Contractor to additional compensation, but only to a reasonable extension of time.
13.17 Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified neither party shall be responsible for the service of the other.
13.18 The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. The parties expressly adopt and confirm each electronic signature made by a party to this Agreement, regardless of whether delivered in person, by mail, courier, facsimile, email, or in portable document format (PDF), as if the same 395
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16 were manually signed and delivered in person. Each party agrees not to assert that any electronic signature is inadequate to bind such party to the same extent as if signed manually and delivered in person.
13.19 The provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement shall survive such expiration or termination.
Without limiting the foregoing, the provisions relating to indemnification, ownership of documents and intellectual property, audit and records retention, insurance obligations, confidentiality, and payment obligations shall survive the termination or expiration of this Agreement.
13.20 Notice. Any notice, demand, request, consent, approval, or other communication required or permitted to be given under this Agreement (“Notice”) shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight courier, sent by certified or registered mail (return receipt requested), or sent by electronic mail, addressed as follows:
To City:
City of Banning
Attn: City Manager
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
To Contractor:
Evan Brooks Associates, Inc.
Attn: Daniel Bartelson
301 East Colorado Blvd, Ste 524
Pasadena, California 91101
Email: [email protected]
Notices shall be deemed received as follows: (i) on the date of delivery if delivered personally; (ii) one (1) business day after deposit with a nationally recognized overnight courier; (iii) three (3) business days after deposit in the United States mail, postage prepaid; or (iv) on the date transmitted if sent by electronic mail during normal business hours of the receiving party, or on the next business day if sent after normal business hours. Either party may change its address for Notice by providing written Notice of such change to the other party in accordance with this Section.
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17 13.21 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which counterparts taken together shall constitute one and the same instrument for all purposes of this Agreement.
13.22 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. [SIGNATURES ON FOLLOWING PAGE]
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18 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY: CONTRACTOR:
CITY OF BANNING EVAN BROOKS ASSOCIATES, INC
By:_______________________ By:_______________________
Elizabeth Gibbs, City Manager Print
Name: ____________________
Date: ______________________
Date: _____________________
ATTEST:
By: ______________________
Sandra Calderon, Deputy City Clerk
Date: __________________
APPROVED AS TO FORM:
By: ______________________
John O. Pinkney, City Attorney
Date: __________________
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19 EXHIBIT “A”
PROPOSAL
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24 EXHIBIT “B”
CERTIFICATES OF INSURANCE
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25 EXHIBIT C
SCHEDULE OF COMPENSATION
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1 AGREEMENT FOR PROFESSIONAL SERVICES (C01277)
BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the ____________ by and between the CITY OF BANNING, a California municipal corporation (“City”) whose address is 99 East Ramsey Street, Banning, California 92220, and BLAIS & ASSOCIATES, LLC, a Texas Limited Liability Company whose address is 2807 Allen St, Suite 2050, Dallas, Texas 75204 (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. City desires to engage Contractor to provide the following services: grant writing and grant management services; and
B. Contractor has made a proposal (“Proposal”) to the City to provide such professional services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this reference; and
C. Contractor agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to City that Contractor possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after one (1) year, unless extended for up to four (4) additional one (1) year terms upon approval of the City Council of the City.
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2 2. Services to be Performed. Contractor agrees to provide the services (“Services”) as follows: municipality grant writing and submission to Federal, State, foundations, agencies, and organizations to secure grant funding on an on-call, task-authorized basis, including, as authorized by the City in accordance with Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates Whitten Guajardo as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.
3. Associates and Subcontractors. Contractor may, at Contractor’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as Contractor deems necessary to perform the Services; provided, however, that Contractor shall not subcontract any of the Services without the prior written consent of City.
Contractor shall ensure that all subcontractors comply with the requirements of this Agreement, including, but not limited to, insurance, indemnification, and licensing requirements.
4. Compensation.
4.01 Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates, including fixed fees, quoted project pricing, hourly rates, and any authorized task-specific pricing set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. This Agreement does not establish a not-to-exceed Contract Sum for Consultant; instead, compensation shall be limited only by (i) the hourly rates in Exhibit C, (ii) the availability of funds within the City’s annual budget allocated for all contractors awarded under RFP 26-127 Grant Writing and Grant management Services as stated in Section 4.01.1 of this Agreement, and (iii) written task orders or authorizations issued by the City. All Services must be authorized in advance in writing by the City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.
4.01.1 City’s Annual Budget Limitation and Budget-Exhaustion Notice.
A. Annual Budget Limitation. The Parties acknowledge and agree that the Consultant is one of three (3) firms awarded a contract pursuant to RFP 26-127 for Grant Writing 407
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3 and Grant Management Services. The City has established an annual, fiscal-year budget of One Hundred Thousand Dollars ($100,000) in total to compensate all three (3) firms collectively for services performed under their respective agreements. Payment to Consultant for services under this Agreement is subject to the availability of funds within this annual shared budget.
B. No Guarantee of Work or Allocation. Consultant understands and agrees that the City does not guarantee the Consultant any minimum amount of work or compensation under this Agreement. The City has sole discretion to distribute work among the three awarded firms, and the total compensation shall not exceed the total annual budget identified above.
C. Notice of Budget Exhaustion. The City shall provide written notice to Consultant in the event the annual Citywide budget for Grant Writing and Grant Management Services is exhausted. Upon the Consultant’s receipt of such notice, the City shall have no obligation to issue new task orders, authorize additional services, or make payment for any services performed after the date of such notice, unless and until additional funds are appropriated by the City in accordance with applicable law.
D. For clarity, nothing in this Agreement shall be construed as an appropriation or commitment by the City to expend the entire annual budget described in Section 4.01.1, nor as a guarantee that any portion of such budget will be used for Services under this Agreement.
4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.
4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The City shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Verification that the hours billed, when multiplied by the approved hourly rates, result in the correct total;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall 408
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4 either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to Contractor of the adjustment.
4.04 If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. Should City dispute any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Contractor in writing of the disputed portion.
5. Obligations of Contractor.
5.01 Contractor agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the City other than the Services to be rendered and the hourly rate for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, Contractor will supply all personnel, materials and equipment required to perform the Services. Contractor shall provide its own offices, telephones, vehicles and computers. Contractor will determine the method, details, and means of performing the Services under this Agreement.
5.03 Contractor shall keep City informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by City, Contractor shall prepare written status reports.
5.04 Contractor is responsible for paying, when due, all income and other taxes, fees, and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. Contractor agrees to indemnify, defend, and hold harmless City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.
5.05 In the event Contractor is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. 409
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5 In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity.
5.07 Contractor shall be solely responsible for obtaining Employment Eligibility Verification information from Contractor’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that Contractor’s employees are eligible to work in the United States.
5.08 In the event that Contractor employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the City and shall be subject to the City’s advance written approval.
5.09 Drug-free Workplace Certification. By signing this Agreement, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace.
5.10 Contractor shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act, related to their scope of work and operations. In case of conflict, the most stringent shall apply.
5.11 Contractor shall keep itself informed concerning and shall render all Services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state or local governmental entity having jurisdiction in effect at the time service is rendered.
5.12 By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the conditions, circumstances, difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such facts and shall not proceed except at Contractor’s sole risk until written instructions are received from the Project Manager. 410
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6 Contractor warrants all Services under the Agreement to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Services (or work of other contractors) damaged by Contractor’s defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor’s obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor.
In the event that Contractor fails to fulfil its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Services and any work damaged by such services or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
5.13 Time is of the essence in the performance of this Agreement.
6. Insurance. Contractor hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.
Therefore, throughout the duration of this Agreement, Contractor hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02.
If existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; Contractor agrees to have its insurer 411
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7 endorse the general liability coverage required herein to include as additional insured’s City, its officials, employees and agents. Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers’ Compensation insurance for any of Contractor’s employees that will be providing any Services hereunder. Contractor will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any Workers’ Compensation insurance will not limit the obligations of Contractor under this Agreement.
Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. Sole proprietors with no employees, LLCs, or partnerships using the services of members or partners who do not carry Workers’ Compensation insurance acknowledge that they are not subject to the Workers’ Compensation Act of the State of California and agree to complete a signed workers compensation exemption form.
6.04 Optional Insurance Coverage. Choose and check one: Required X /Not Required __; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by Contractor, its employees and/or agents in the performance of any Services for City.
6.05 Cyber Liability Insurance REQUIRED IF CHECKED HERE ONLY [___] (Technology Professional Liability – Errors and Omissions), with limits not less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate or the full per occurrence limits of the policies available, whichever is greater. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. Contractor will file with City, before beginning professional services, certificates of insurance (Acord Form 25 or equivalent) satisfactory to City evidencing.
6.06 If Claims Made Policies (applies only to professional liability and cyber liability policies):
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8 i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract work.
7. General Conditions pertaining to Insurance Coverage.
7.01 No liability insurance coverage provided shall prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor waives all rights of subrogation against City regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do the same.
7.02 Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03 All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A-VII”. The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
Contractor acknowledges and agrees that that all insurance coverage required to be provided by Contractor or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to City.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 413
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9 7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
7.07 The coverage shall contain no special limitations on the scope of protection afforded to City, its directors, officers, employees, or authorized volunteers. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
8. Indemnification.
8.01 Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by Contractor or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to City. Contractor acknowledges that City would not enter into this Agreement in the absence of the commitment of Contractor to defend, indemnify, and protect City as set forth herein.
a. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by City, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.
Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City.
b. Without affecting the rights of City under any provision of this Agreement or this Section, Contractor shall not be required to indemnify and hold harmless City 414
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10 as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 8A Indemnification Design Professionals. In the event that Contractor is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Contractor shall defend, indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to Contractor shall not exceed Contractor’s proportionate percentage of fault.
9. Additional Services, Changes and Deletions.
9.01. In the event Contractor performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of City, Contractor shall not be compensated for such services. Contractor expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the City in writing.
9.02 Contractor shall promptly advise the City Manager and Finance Director of City as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City and/or City Council.
10. Termination of Agreement.
10.01. Notwithstanding any other provision of this Agreement, City, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to Contractor.
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11 10.02 In the event of termination, the payment of monies due Contractor for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, Contractor agrees to promptly provide and deliver to City all original documents, reports, studies, plans, specifications and the like which are in the possession or control of Contractor and pertain to City.
11. Status of Contractor.
11.01 Contractor shall perform the Services in Contractor’s own way as an independent contractor, and in pursuit of Contractor’s independent calling, and not as an employee of City. However, Contractor shall regularly confer with City’s City Manager or Project Manager as provided for in this Agreement.
11.02 Contractor agrees that it is not entitled to the rights and benefits afforded to City’s employees, including disability or unemployment insurance, Workers’ Compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, Workers’ Compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 Contractor hereby specifically represents and warrants to City that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the City is located. Further, Contractor represents and warrants that the individual signing this Agreement on behalf of Contractor has the full authority to bind Contractor to this Agreement.
12. Ownership of Documents; Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties, and all other documents of any kind or nature prepared, developed, or obtained by Contractor in connection with the performance of Services performed for the City shall become the sole property of City, and Contractor shall promptly deliver all such materials to City upon request. At the City’s sole discretion, Contractor may be permitted to retain original documents, and furnish reproductions to City upon request, at no cost to City.
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12 12.02 Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement.
Contractor shall not use such data or documents for purposes other than the performance of this Agreement, nor shall Contractor release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of City.
12.03 Contractor shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City’s agents for examination all of such records and shall permit City’s agents to audit, examine and reproduce such records.
12.04 Contractor acknowledges that the City is a California municipal corporation and is subject to the California Public Records Act, Government Code § 7920.000 et seq. (“CPRA”), and other applicable laws requiring public access to records. Contractor further acknowledges and agrees that any and all documents, records, data, writings, communications, materials, and other information of any kind, in any format (including electronic format), that Contractor (or any associate, subcontractor, consultant, or agent of Contractor) prepares, develops, obtains, provides, transmits, or submits to the City, or that are otherwise received or maintained by the City, in connection with this Agreement or the Services may constitute public records and may be subject to disclosure to third parties in response to a CPRA request, unless the City determines that all or a portion of the Submitted Materials are exempt from disclosure under the CPRA or other applicable law.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 Contractor shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of City. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
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13 13.03 Contractor shall timely file FPPC Form 700 Conflict of Interest Statements with City if required by California law and/or the City’s conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 Contractor covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 Contractor has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. Contractor agrees that they are unaware of any financial or economic interest of any public officer or employee of the City relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the City may immediately terminate this Agreement by giving notice thereof. Contractor shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the City in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by City. The City, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the City with respect to the proposal and award process of this Agreement or any City contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any City contract has been awarded. Contractor shall immediately report any attempt by any City officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. 418
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14 13.09 Severability. If any portion, section, sentence, provision or paragraph of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
13.10 Prevailing Wages. Contractor shall be responsible to comply with applicable prevailing wages laws. As a condition of payment, if applicable Contractor shall show proof of payment of wages under applicable state and federal laws and regulations relating to prevailing wages in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1, 1773.5, and 1773.9”, for Riverside County and/or 40 U.S.C. Section 276a, et. seq.
Such wage rates shall conform with those posted at City offices and the project site. In the event that the Contractor fails to pay the prevailing wages, the Contractor shall be solely liable for penalties and for the shortfall in wages and shall indemnify, defend and hold harmless City under Section 8.01 against any of the same. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1771 - Requirement to Pay Prevailing Wages
2. Section 1773.1 – Per Diem Wages; Travel and Subsistence Pay.
3. Section 1774 – Payment of Prevailing Wage Rates.
4. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
5. Section 1776 – Payroll Records and Certified Payroll Reports.
6. Section 1777.5 - Apprenticeship Requirements.
7. Sections 1810 and 1811 - Working Hour Restrictions.
8. Section 1813 - Penalty for Failure to Pay Overtime.
13.11 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.
13.12 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or 419
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15 remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
13.13 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
13.14 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purpose of this Agreement.
13.15 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
13.16 Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations is delayed or prevented by causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, fires, floods, epidemics, pandemics, earthquakes, strikes, labor disputes, governmental orders, or failure of utilities. The affected party shall promptly notify the other party in writing of the occurrence of such event and shall use reasonable efforts to resume performance as soon as practicable. Force majeure shall not excuse the obligation to make payments when due. In no event shall force majeure entitle Contractor to additional compensation, but only to a reasonable extension of time.
13.17 Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified neither party shall be responsible for the service of the other.
13.18 The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. The parties expressly adopt and confirm each electronic signature made by a party to this Agreement, regardless of whether delivered in person, by mail, courier, facsimile, email, or in portable document format (PDF), as if the same 420
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16 were manually signed and delivered in person. Each party agrees not to assert that any electronic signature is inadequate to bind such party to the same extent as if signed manually and delivered in person.
13.19 The provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement shall survive such expiration or termination.
Without limiting the foregoing, the provisions relating to indemnification, ownership of documents and intellectual property, audit and records retention, insurance obligations, confidentiality, and payment obligations shall survive the termination or expiration of this Agreement.
13.20 Notice. Any notice, demand, request, consent, approval, or other communication required or permitted to be given under this Agreement (“Notice”) shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight courier, sent by certified or registered mail (return receipt requested), or sent by electronic mail, addressed as follows:
To City:
City of Banning
Attn: City Manager
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
To Contractor:
Blais & Associates, LLC
Attn: Whitten Guajardo
2807 Allen St, Ste 2050
Dallas, Texas 75204
Email: [email protected]
Notices shall be deemed received as follows: (i) on the date of delivery if delivered personally; (ii) one (1) business day after deposit with a nationally recognized overnight courier; (iii) three (3) business days after deposit in the United States mail, postage prepaid; or (iv) on the date transmitted if sent by electronic mail during normal business hours of the receiving party, or on the next business day if sent after normal business hours. Either party may change its address for Notice by providing written Notice of such change to the other party in accordance with this Section.
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17 13.21 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which counterparts taken together shall constitute one and the same instrument for all purposes of this Agreement.
13.22 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. [SIGNATURES ON FOLLOWING PAGE]
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18 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY: CONTRACTOR:
CITY OF BANNING BLAIS & ASSOCIATES, LLC
By:_______________________ By:_______________________
Elizabeth Gibbs, City Manager Print
Name: ____________________
Date: ______________________
Date: _____________________
ATTEST:
By: ______________________
Sandra Calderon, Deputy City Clerk
Date: __________________
APPROVED AS TO FORM:
By: ______________________
John O. Pinkney, City Attorney
Date: __________________
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19 EXHIBIT “A”
PROPOSAL
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31 EXHIBIT “B”
CERTIFICATES OF INSURANCE
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32 EXHIBIT C
SCHEDULE OF COMPENSATION
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34 439
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Brandon Smith, Lieutenant
Vincent Avila, Chief of Police
MEETING DATE: July 14, 2026
SUBJECT: Discussion Regarding the Status of the City's Emergency Operations Plan and Next Steps
STAFF RECOMMENDATION:
That City Council discuss and provide input on the status of the City's Emergency Operations Plan and the next steps identified by staff.
BACKGROUND:
The City of Banning's Emergency Operations Plan (EOP) was last adopted in July 2007 and updated in 2012 under Ordinance Number 1378 and is again in need of a further update to bring to current standards and practices. The City of Banning's Local Hazard Mitigation Plan (LHMP) is currently up-todate with local, state, and federal approval as of 2024 (adopted under Resolution 2024-97). The City of Banning should conduct a meeting of the Disaster Council to update the local ordinance related to disaster operations and relief (Ord. No. 1378) and meet at least yearly to ensure EOP, LHMP, and related ordinances are up-to-date based on current staffing levels and city needs.
JUSTIFICATION:
The City of Banning's Strategic Plan, "Banning 2030 Designing the Future Today" identifies as Strategic Goal 1 - Ensuring Public Safety, 1st Tier Policy Initiative 1a "Create Banning's Emergency Operations Plan". This initial report and discussion with City Council will provide guidance to staff on next steps for completing the Strategic Plan initiative.
FISCAL IMPACT:
The fiscal impact of updating the City of Banning EOP and ensuring staff have adequate training for emergency preparedness operations is unknown at this time and will be dependent on whether the City of Banning oversees all emergency operations utilizing city staff or decide to contract with the Riverside County Emergency Management Department for services.
ATTACHMENTS:
1. COB EOC Workshop Plan.pdf
2. Banning EOP - Final Part 1 - Rev 1212_201406041949155352.pdf
3. Banning EOP - Final Part 2 -Rev1212_201406041949363646.pdf
4. CC Resolution No. 2024-097 LHMP.pdf
5. Chapter_2.48___DISASTER_OPERATIONS_AND_RELIEF.pdf
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EMERGENCY OPERATIONS
PREPAREDNESS
WORKSHOP PLAN
441
TOPICS
LEVELS OF ACTIVATION
CITY TO COUNTY ACTIVATION
NOTIFICATION TO EMD
EOC TEAMS NEEDED
EMERGENCY CONTACTS
THINGS TO DO
QUESTIONS
442
LEVELS OF ACTIVATION
LEVEL III – Normal Operations/Steady-State
• Activities that are normal for the EOC when no incident or specific risk or hazard has been identified
• Routine watch and warning activities if the EOC normally houses this function
LEVEL II – Enhanced Steady-State/Partial Activation
• Certain EOC team members/organizations are activated to monitor a credible threat, risk, or hazard and/or to support the response to a new and potentially evolving incident
LEVEL I – Full Activation
• EOC team is activated, including personnel from all assisting agencies, to support the response to a major incident or credible threat 443
CITY TO COUNTY ACTIVATION
LOCAL
EMERGENCY
IDENTIFIED
COB
EOC
ACTIVATION
COUNTY
NOTIFIED OF
LOCAL
EMERGENCY
COUNTY
EOC
ACTIVATION
• Call Riverside County EMD Duty Officer
• Notify Riverside County EMD anytime COB EOC status changes 444
NOTIFICATION TO EMD
Notification Steps: Call County Emergency Management Department Provide the following information:
Incident Type
Incident Location
Activation Level
Shelter Information (if applicable)
Evacuation Routes (if applicable)
Request for Additional Resources (outside of fire/law)
Emergency Operation Center Points of Contact
Director
Planning Chief
Operations Chief
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EOC TEAMS NEEDED
MANAGEMENT
Yes, always.
OPERATIONS PLANNING & INTEL LOGISTICS FINANCE
YES, I need someone to
oversee the activities of
law, fire, public works
and / or, health &
welfare of personnel.
NO, field operations are
being handled at the
field level and oversight
is not needed at the
EOC level.
YES, I need someone to
track this incident,
maintain the
documentation,
records, and
disseminate the action
plan.
No, this incident can be
tracked and
documented by one of
the other sections.
YES, I need someone to
oversee this incident's
supplies, vehicles,
facilities, personnel,
volunteers, and/or
communications needs.
NO, the logistical needs
for the incident are not
extraordinary.
YES, I need someone to
oversee tracking
expenses related to this
incident, including
employees, time, to
authorize expenditures.
NO, tracking expenses
can be done by another
sections.
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EMERGENCY CONTACTS
Name Email Phone Atl Phone
Duty Officer
Erik Ramirez
COB Electric Dept
COB Public Works Dept
COB Water & Waste Water Dept
COB Police Dept
COB Parks & Rec Dept
Red Cross
Banning Unified School District
Banning High School
Nicolet Middle School
Central Elementary School
Hemerling Elementary School
Hoffer Elementary School
Clark's Towing
Stagecoach Towing
Statewide Towing
San Gorgonio Memorial Hospital
Riverside University Health Systems
Many numbers and
emails are not public, so
they are blocked out
447
THINGS TO DO
• Disaster Council (Ord. No. 1378) meeting capabilities / needs / updates o Mayor (Chairperson)
o Director of Emergency Services (Assign Role) (Vice-Chairperson) o Assistant Director of Emergency Services (Assign Role) o Chief of Police
o Human Resources Director
o Public Works Director
o Finance Director
o Electric Utility Director
o Water/Wastewater Director
o Community Development Director
o Parks & Recreation Director
o Emergency Services Coordinator (Assign Role)
o BUSD Superintendent’s Office Member
o “Members at Large” as appointed by City Council (Citizens of this city) 448
THINGS TO DO
• Get quote from Riverside County Emergency Management Department (EMD) on coordinating emergency services for COB
• Get needed staff appropriate training
o ICS 100, 200, 700, 800, 300, 400, & SEMS G606
o Position specific training (Incident Commander, Safety Officer, Operations Chief, Finance Chief, Logistics Chief, etc.) • Determine equipment needs (EOC supplies, field supplies, etc.) • Identify community partners to be utilized in EOC activation • Update COB Emergency Operations Plan (EOP)
o Last published July 2007 & updated December 2012
o Utilize COB LHMP (last updated 2023 & valid for 5 years) o Review & Update Disaster Operations & Relief Ord. No. 1378 • Bring updated COB EOP back to council for ratification 449
QUESTIONS
450
City of Banning
Emergency Operations
Plan
Part 1 – Basic Plan
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LETTER OF PROMULGATION
To: Officials, Employees, and Citizens of the City of Banning:
The preservation of life, property and the environment is an inherent function of local, state, and federal government. The City of Banning, California has prepared this Emergency Operations Plan to ensure the most effective allocation of resources for protection of people and property in time of an emergency.
While no plan can completely prevent death and destruction, good plans carried out by knowledgeable and well-trained personnel can and will minimize losses. This plan establishes the emergency organization, assigns tasks, specifies policies and general procedures, and provides for coordination of planning efforts of the various emergency staff and service elements utilizing the Standardized Emergency Management System (SEMS) (and, by extension, the National Incident Management System [NIMS] which is currently being integrated into SEMS in California by the Governor’s Executive Order S-2-05).
The objective of this plan is to incorporate and coordinate all the facilities and personnel of the City into an efficient organization capable of responding effectively to any emergency.
This Emergency Operations Plan is an extension of the State Emergency Plan. It will be reviewed and exercised periodically and revised as necessary to meet changing conditions.
The City of Banning gives its full support to this plan and urges all officials, employees, and the citizens, individually and collectively, to do their share in the total emergency effort of the City.
This letter promulgates the City of Banning Emergency Operations Plan, constitutes the adoption of the City of Banning Emergency Operations Plan, and the adoption of the Standardized Emergency Management System / National Incident Management System by the City of Banning. This Emergency Operations Plan becomes effective on approval by the Banning City Council.
____________________________ Date: _________________
Debbie Franklin, Mayor
Banning City Council
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ii
SIGNED CONCURRENCE BY PRINCIPAL
DEPARTMENTS/AGENCIES
The City Manager concurs with the City of Banning's Emergency Operations Plan. As needed, revisions will be submitted to the City’s Emergency Services Coordinator and recorded in the EOP Revision History.
Signed
(Signature)
Andy Takata City of Banning
City Manager
EOP REVISION HISTORY
Revision Date Section of Plan Revised Revised by
12/10/12 Location, City Manager
Mayor’s Name
Ordinance from 1258-1378
453
iii
EOP DISTRIBUTION LIST
Department/Agency Number of Copies
City Council 1
Riverside County Sheriff – Banning Station 1
Riverside County Fire/CDF/ESC 2
Executive Management Team 1
Riverside County Office of Emergency Services 1
Banning Unified School District 1
Morongo Tribe 1
EOC Command Management Staff (I each) 1
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TABLE OF CONTENTS
Part 1
SECTION 1: INTRODUCTION ..................................................................................... 1-1
1.1 Objectives ..................................................................................................... 1-1
1.2 Laws and Authorities ..................................................................................... 1-3
1.3 Document Organization ................................................................................ 1-4
1.4 Document Management and Distribution ...................................................... 1-7 SECTION 2: EMERGENCY MANAGEMENT PROGRAM ............................................ 2-1
2.1 Emergency Management Program ............................................................... 2-1
2.2 Program Funding .......................................................................................... 2-1
2.3 Disaster Council ............................................................................................ 2-1
2.4 Direction and Control .................................................................................... 2-2 SECTION 3: EMERGENCY MANAGEMENT PROGRAM ............................................ 3-1
3.1 Concept of Operations .................................................................................. 3-1
3.2 Emergency Management Phases ................................................................. 3-1
3.2.1 Preparedness Phase ............................................................................. 3-2
3.2.2 Response Phase ................................................................................... 3-5
3.2.3 Recovery Phase .................................................................................... 3-7
3.2.4 Mitigation Phase.................................................................................... 3-7
3.3 Organizational Concepts ............................................................................... 3-8
3.3.1 Organizational Levels ............................................................................ 3-8
3.3.2 City of Banning EOC Interfaces ........................................................... 3-10
3.3.3 Functional Sections ............................................................................. 3-11
3.3.4 Policy Group ....................................................................................... 3-12
3.4 EOC Activation Protocols ............................................................................ 3-13
3.4.1 SEMS Activation Requirements .......................................................... 3-13
3.4.2 Local Activation Authorities ................................................................. 3-15
3.4.3 EOC Activation Levels......................................................................... 3-15
3.5 State of Emergency Declarations ................................................................ 3-17
3.5.1 Local Emergency ................................................................................ 3-17
3.5.2 State of Emergency ............................................................................. 3-18
3.5.3 State of War Emergency ..................................................................... 3-18 SECTION 4: CONTINUITY OF GOVERNMENT .......................................................... 4-1
4.1 Introduction ................................................................................................... 4-1
4.2 Succession of Officers .................................................................................. 4-2
4.2.1 Seat of Government .............................................................................. 4-2
4.2.2 Protection of Vital Records .................................................................... 4-3
4.2.3 Critical Infrastructure ............................................................................. 4-3 SECTION 5: MUTUAL AID SYSTEM ........................................................................... 5-1
5.1 Mutual Aid Overview ..................................................................................... 5-1 455
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5.2 Mutual Aid Coordination ................................................................................ 5-3
5.2.1 Discipline-Specific Mutual Aid Coordination .......................................... 5-5
5.2.2 Coordinating With Volunteers ................................................................ 5-7 SECTION 6: HAZARD IDENTIFICATION ..................................................................... 6-1 SECTION 7: PREPAREDNESS PHASE OPERATIONS .............................................. 7-1
7.1 Preparedness Phase Management Approach ............................................... 7-1
7.2 Training and Exercises ................................................................................. 7-1
7.3 Public Awareness and Education .................................................................. 7-2
7.4 Increased Readiness .................................................................................... 7-2
7.4.1 Management Watch Activation .............................................................. 7-3
7.4.2 Management Watch Personnel ............................................................. 7-3
7.4.3 Management Watch Termination .......................................................... 7-4 SECTION 8: RESPONSE PHASE OPERATIONS ....................................................... 8-1
8.1 Response Phase Management Approach ..................................................... 8-1
8.1.1 EOC Activation Policies ......................................................................... 8-1
8.1.2 EOC Coordination ................................................................................. 8-4
8.1.3 EOC Organization Structure .................................................................. 8-4
8.1.4 Action Planning ..................................................................................... 8-6
8.1.5 Status Reporting ................................................................................... 8-7
8.1.6 After-Action Reporting and Analysis ...................................................... 8-8
8.2 Communications - Alert and Warning ............................................................ 8-9
8.2.1 Warning Systems .................................................................................. 8-9
8.2.2 County/OA Communications Systems ................................................. 8-11
8.2.3 State Communications Systems .......................................................... 8-13
8.2.4 Alert and Notification of City Officials and Employees ......................... 8-14
8.3 Emergency Public Information .................................................................... 8-15
8.3.1 Public Information Officer Policies ....................................................... 8-15
8.4 EOC Branches ............................................................................................ 8-16
8.4.1 Law Enforcement Branch Operations .................................................. 8-16
8.4.2 Fire & Rescue Branch Operations ....................................................... 8-16
8.4.3 Construction & Engineering Branch Operations .................................. 8-16 SECTION 9: RECOVERY PHASE OPERATIONS ....................................................... 9-1
9.1 Recovery Phases .......................................................................................... 9-1
9.1.1 SHORT-TERM RECOVERY ................................................................. 9-1
9.1.2 LONG-TERM RECOVERY .................................................................... 9-2
9.2 Recovery Phase Management Approach ...................................................... 9-3
9.3 Damage Assessment .................................................................................... 9-3
9.4 AFTER-ACTION REPORTING ..................................................................... 9-6
9.5 Roles of Other Agencies ............................................................................... 9-7
9.5.1 Federal Government ............................................................................. 9-7
9.52 State Office of Emergency Services ............................................................. 9-7
9.5.3 Federal Documentation Requirements .................................................. 9-8 SECTION 10: `MITIGATION PHASE OPERATIONS ................................................. 10-1 456
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10.1 Mitigation Phase Management Approach .................................................... 10-2
10.2 Short-Term Mitigation ................................................................................. 10-2
10.2.1 Surveys ............................................................................................... 10-2
10.2.2 Mapping .............................................................................................. 10-2
10.3 Long-Term Mitigation .................................................................................. 10-2
10.3.1 Prevention ........................................................................................... 10-2
10.3.2 Property Protection ............................................................................. 10-3
10.3.3 Public Education and Awareness ........................................................ 10-3
10.3.4 Natural Resource Protection ............................................................... 10-3
10.3.5 Emergency Services ........................................................................... 10-3
10.3.6 Structural Projects ............................................................................... 10-3 SECTION 11: LEGAL CITATIONS ............................................................................. 11-1
11.1 States of Emergency ................................................................................... 11-1
11.1.1 California Government Code, Section 8630 – 8634 ............................. 11-1
11.1.2 California Government Code, Section 8625 – 8629 ............................. 11-2
11.1.3 California Government Code, Section 8620 – 8624 ............................. 11-3
11.1.4 Riverside County Emergency Services Ordinance 533.5 .................... 11-4
11.1.5 City of Banning Emergency Services Ordinance 1378 ...................... 11-15 Appendix
APPENDIX A: ACRONYMS…………………………………………………………………A-1
APPENDIX B: FLASH REPORT................................................................................. B-1 APPENDIX C: SITUATION REPORT ......................................................................... C-1 APPENDIX D: LOGISTICS REQUEST FORM ........................................................... D-1 APPENDIX E: GENERAL MESSAGE FORM ............................................................. E-1 APPENDIX F: OES AFTER ACTION REPORT QUESTIONNAIRE………...........……F-1 457
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List of Figures
Figure 1-1: City of Banning Emergency Management Planning System ...................... 1-2 Figure 3-1: City of Banning EOC Interfaces ............................................................... 3-10 Figure 3-2: SEMS Functional Organization Outline ................................................... 3-11 Figure 3-3: SEMS Activation Requirements .............................................................. 3-14 Figure 3-4: EOC Activation Levels ............................................................................. 3-16 Figure 5-1: California Mutual Aid Regions ................................................................... 5-2 Figure 5-2: Mutual Aid Flow of Requests and Resources ............................................ 5-4 Figure 5-3: Discipline-Specific Mutual Aid Systems ..................................................... 5-6 Figure 6-1: Riverside County Hazard Assessment ...................................................... 6-2 Figure 8-1: EOC Activation Levels ............................................................................... 8-3 Figure 8-2: EOC Detailed Organization Chart.............................................................. 8-5 Figure 9-1: Recovery Objectives by Timeframe ........................................................... 9-1 458
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SECTION 1: INTRODUCTION
1.1 Objectives
This City of Banning Emergency Operations Plan (EOP) addresses the planned response to extraordinary emergency situations associated with natural disasters, technological incidents, and national security emergencies in or affecting the City of Banning. This EOP describes the operations of the City of Banning Emergency Operations Center (EOC), which is the central management entity responsible for directing and coordinating the various City of Banning Departments and other agencies in their emergency response activities.
This EOP is designed to establish the framework for implementation of the California Standardized Emergency Management System (SEMS) for the City of Banning, which is located within the Riverside County Operational Area (OA) and Mutual Aid Region VI as defined by the Governor’s Office of Emergency Services (State OES). By extension, the plan will also implement the National Incident Management System (NIMS) which is being integrated into SEMS at the Governor’s directive (Executive Order S-2-05). The plan is intended to facilitate multi-agency and multi-jurisdictional coordination, particularly between the City of Banning and Riverside County, special districts, and state agencies, in emergency operations. This document is operational in design.
Departments within the City of Banning that have roles and responsibilities identified by the plan need to develop and maintain their own department specific Standard Operating Procedures (SOPs), and emergency response checklists based on and consistent with the provisions of this plan.
Figure 1-1 presents the overall comprehensive emergency management planning system. It summarizes the relationship of this EOP with the various other emergency planning documents in use in the City of Banning. This EOP defines the overall structure of emergency operations in Banning and presents the big picture context within which the other emergency operations planning documents reside or are associated with. The associated functional response plans (both at the City and County/Operational Area level) provide detailed plans for selected functions that may be performed for any type of disaster while the hazard-specific response plans provided detailed plans associated with specific hazards.
Together, the documents identified in Figure 1-1 fully define the Emergency Management Program functions for the City. The focus of this EOP and the documents identified in Figure 1-1 is for those departments that are directly involved in the City of Banning emergency response activities.
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Figure 1-1: City of Banning Emergency Management Planning System Hazard Mitigation Plan (Banning
participated in the Riverside
County Multi-jurisdictional Local
HMP)
Recovery Plan
Care and Shelter Plan
Volunteer Management Plan
Mass Casualties Plan
Evacuation Plan
Disaster Registry Plan
Hazardous Materials
Plan
National Security
Emergency
Airplane Crash Plan
Earthquake Plan
Emergency
Operations
Plan
Hazard
Specific
Plans and
SOPs
Emergency
Operations
Basic Plan
(EOP Part I)
EOC
Operations
(EOP Part 2)
City Emergency
Management Policies
and Operational
Concepts
City Emergency
Management Policies
and Operational
Concepts
Standard
Operations
Procedures for
Field and EOC
Response
Functional
Response
Plans and
SOPs
City Department
Standard
Operations
Procedures for
Field Response
Department
Standard
Operational
Plans
Policy and
Tactical SOPs
for City
Departments
Part III - Standard Operating Procedures and Response Plans Department
Hazards
Specifics
SOPs
City
Department
SOPs for
Specific
Hazards
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1.2 Laws and Authorities
The following provides emergency authorities for conducting and/or supporting emergency operations:
Federal
Homeland Security Act of 2002
HSPD-5, Management of Domestic Incidents
DHS, National Incident Management System, March 1, 2004. HSPD-8, National Preparedness.
Federal Civil Defense Act of 1950 (Public Law 920, as amended) Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 (Public Law 93-288, as amended)
Army Corps of Engineers Flood Fighting (Public Law 84-99) Federal Communications Corporation (RACES)
State
California Emergency Services Act (Chapter 7 of Division 1 of Title 2 of the Government Code).
California (Labor Code, §3211.92(b).
Standardized Emergency Management Systems (SEMS) Regulations (Chapter 1 of Division 2 of Title 19 of the California Code of Regulations and California Government Code §8607 et seq.).
Executive Order S-2-05 regarding integration of National Incident Management System (NIMS) into SEMS.
Hazardous Materials Area Plan Regulations (Chapter 4 of Division 2, Title 19, Article 3, §§2720 – 2728 of the California Code of Regulations and California Health and Safety Code, Division 20, Chapter 6.95, Section 25503.5). California Department of Water Resources Flood Control (California Water Code § 128).
Orders and Regulations which may be Selectively Promulgated by the Governor during a STATE OF EMERGENCY.
Orders and Regulations which may be Selectively Promulgated by the Governor to take effect upon the existence of a STATE OF WAR.
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Local
Ordinance 1378 - Ordinance adopting Emergency Services Resolution No. 1994-108 re: adopting SEMS Emergency Operations Plan Resolution No. 1994-108 re: adopting the California Master Mutual Aid Agreement, adopted September 2006
NIMS Resolution No. 2006-108 adopting National Incident Management System Resolution SLR-28 adopting Workmen’s Compensation Benefits for Disaster Service Workers, adopted 6/8/88
Resolution No. 95-12 adopting the Operational Area Agreement, adopted March 21, 1995
Riverside County Emergency Services Ordinance 533.5, adopted August 23, 2005, by the Riverside County Board of Supervisors.
1.3 Document Organization
This Emergency Operations Plan (EOP) is divided four major components:
Part 1 – Basic Plan
The Basic Plan provides an overview of the Emergency Operations system at the policy and operations levels. The first five sections of the plan address policy-level issues and provide an overview of the organizational, legal, and management concepts that are in place for the City of Banning. The primary audiences for these sections are City of Banning Executives, City Emergency Management, City of Banning Departmental Management, and anyone interested in developing knowledge of the Emergency Management Program in the City of Banning. It is expected that these Sections will change infrequently.
The following sections provide the framework which guides the organization of the City of Banning Emergency Management Program and operational procedures. Section 1: Introduction
Section 1 provides the objectives of the plan as well as its legal authorities and document management procedures
Section 2: Emergency Management Program Overview
Section 2 provides an overview of the Emergency Management Program for the City of Banning. This section identifies the funding mechanism for the program and where in the City’s organization the Emergency Management Program is placed. The role and functions of the City's Disaster Council are also identified in this section along with identifying the ultimate authority for the Direction and Control of events occurring in the City.
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Section 3 Emergency Management Concept of Operations
Section 3 provides an overview of emergency management operations in the City of Banning. This section describes the California Statewide Emergency Management System (SEMS) / National Incident Management System (NIMS) and the implementation of those standards within the City of Banning. This section also discusses emergency management phases, organizational concepts, EOC activation protocols, and the procedures for issuing an emergency declaration.
Section 4: Continuity of Government
Section 4 provides the procedures for ensuring continuity of government for the City of Banning. This includes lines of succession, procedures for reconstituting the governing body, and the protection of vital records. Section 5: Mutual Aid System
Section 5 provides an overview of the mutual aid system in California and discusses the City of Banning’s role in that system.
Section 6: Hazard Identification
Section 6 provides a summary of the hazards that are faced by the City of Banning. This section refers to the Riverside County Multi-jurisdictional Local Hazard Mitigation Plan (LHMP) in which the City of Banning participated as a submitting jurisdiction.
The next five Sections of the plan provide a discussion of the organization and operation of the EOC during preparation, response, recovery, and mitigation operations. The primary audiences for these sections consist of City of Banning personnel who manage and staff the EOC. It is expected that these sections will change infrequently, primarily only when there are management changes in the overall structure of the EOC or significant changes in its operating procedures.
Section 7: Preparedness Phase Operations
Section 7 discusses policies and procedures undertaken by the City of Banning during normal activities as well as the process to increase its state of readiness.
This section addresses both general preparations such as community awareness, training and hazard mitigation, as well as special procedures when a heightened state of alert occurs.
Section 8: Response Phase Operations
Section 8 discusses the operational policies and procedures that are used by the City of Banning EOC during response operations. This section covers EOC activation policies and procedures as well as procedures for action planning, alerting, emergency communications, requesting mutual aid, performing damage assessment, information management, and the management of public information.
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Section 9: Recovery Phase Operations
Section 9 discusses the operational policies and procedures that are used by the City of Banning EOC during recovery operations. This section addresses damage recovery and safety assessments, as well as the procedures related to cost reimbursement.
Section 10: Mitigation Phase Operations
Section 10 discusses mitigation after a disaster and the hazard mitigation program that the City has implemented. This section presents an overview of the processes in place and a summary of the Multi-jurisdictional Local Hazard Mitigation Plan prepared by Riverside County and approved by FEMA in May 2005 in which the City of Banning participated as a submitting jurisdiction. Section 11: Legal Citations
Section 11 provides the text of key legal references cited with this EOP.
Part 2 – Supporting Documents
Part 2 consists of detailed information that will be used by each staff member in the course of doing his or her job within the EOC. This material consists of checklists and other reference data to be used by each staff member. The objective of Part 2 is to provide guidance for each EOC staff member during an emergency.
The material in Part 2 must be kept up-to-date and is expected to change on a regular basis. At a minimum, after every EOC activation and exercise, it is expected that the materials will be updated to reflect lessons learned.
Part 3 - Standard Operating Procedures, Response/Hazard Specific Plans, and EOC functional area guidelines.
Part 3 consists of various Standard Operating Procedures for the City relating to emergency management. These SOPs and plans are formulated and maintained by the various City Departments or general in nature and relate to the City's EOC and field responses to various incidents. Hazard and response specific plans for the City may defer to County-wide plans and relate to areas such as Terrorism, Care and Shelter, etc.
These Countywide plans have been developed at an Operational Area level with the assistance the Operational Area members.
Part 3 also provides a list of abbreviations and acronyms used in this document. 464
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Part 4 - Resource Lists and Contact Phone Numbers
Part 4 of the Plan contains lists of resources, employee phone numbers for EOC activation and other phone numbers for use in the EOC. These lists are kept in a separate binder that is maintained by the Emergency Services Program and can be located in the EOC. It is updated on a regular basis. The employee phone list is considered confidential by the City of Banning and is only located in the EOC.
1.4 Document Management and Distribution
The City of Banning Emergency Operations Plan (EOP) will be reviewed every two years by the City's Emergency Management Team and revised if necessary. In addition, the plan may be modified as a result of post-incident analyses and/or post-exercise critiques. It may be modified if responsibilities, procedures, laws, rules, or regulations pertaining to emergency management operations change. Records of revisions to the EOP will be maintained by the City’s Emergency Services Coordinator on the register in the prologue of this document. It is the responsibility of the City ESC to maintain, review and update on an annual basis and distribute appropriately.
Those agencies having assigned responsibilities under this plan are obligated to inform Emergency Services when organizational or operational changes occur or are imminent.
Proposed changes will be submitted in writing to Emergency Services. Changes and plans updates will be published and distributed to all organizations listed in the EOP Distribution List in the prologue of this document.
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SECTION 2: EMERGENCY MANAGEMENT PROGRAM
2.1 Emergency Management Program
The City of Banning has formally recognized the need for an Emergency Management program in City Ordinance No. 1378. The program has been established under the direction of the City Manager.
All officers and employees of the city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of the ordinance codified herein, be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency management organization of the city.
2.2 Program Funding
The City’s Emergency Management Program is funded through the use of general funds and various state and federal grants. The Emergency Management budget falls within the City Fire Services Department Budget.
2.3 Disaster Council
Accreditation of a Disaster Council must be certified by the California Emergency Council, directly, either during a meeting, or through ratification of the Governor’s approval, in case the California Emergency Council is not meeting. (Govt. Code, §8581.) Accreditation of a Disaster Council is mandatory in order to register Disaster Service Worker volunteers. (Cal. Code of Reg. Title 19, §§ 2570.2(d), 2571(a).
Government Code Section 8610 states that ... Counties, cities and counties, and cities may create disaster councils by ordinance. A disaster council shall develop plans for meeting any condition constituting a local emergency or state of emergency, including, but not limited to, earthquakes, natural or manmade disasters specific to that jurisdiction, or state of war emergency; such plans shall provide for the effective mobilization of all of the resources within the political subdivision, both public and private. The disaster council shall supply a copy of any plans developed pursuant to this section to the Office of Emergency Services. The governing body of a county, city and county, or city may, in the ordinance or by resolution adopted pursuant to the ordinance, provide for the organization, powers and duties, divisions, services, and staff of the emergency organization. The governing body of a county, city and county, or city may, by ordinance or resolution, authorize public officers, employees, and registered volunteers to command the aid of citizens when necessary in the execution of their duties during a state of war emergency, a state of emergency, or a local emergency. 466
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Additionally, Section 8612 states.... Any disaster council which both agrees to follow the rules and regulations established by the Emergency Council pursuant to the provisions of Section 8580 and substantially complies with such rules and regulations shall be certified by the Emergency Council. Upon such certification, and not before, the disaster council becomes an accredited disaster council.
Section 3102 states (a) All disaster service workers shall, before they enter upon the duties of their employment, take and subscribe to the oath or affirmation required by this chapter.
(b) In the case of intermittent, temporary, emergency or successive employments, then at the discretion of the employing agency, an oath taken and subscribed as required by this chapter shall be effective for the purposes of this chapter for all successive periods of employment which commence within one calendar year from the date of that subscription.
(c) Notwithstanding subdivision (b), the oath taken and subscribed by a person who is a member of an emergency organization sanctioned by a state agency or an accredited disaster council, whose members are duly enrolled or registered with the Office of Emergency Services, or any accredited disaster council of any political subdivision, shall be effective for the period the person remains a member with that organization.
The City of Banning's Disaster Council was accredited by State OES in 1950 and has remained accredited since that time. Having an accredited Disaster Council provides the legal basis for all City employees' to be Disaster Service Workers under Section 3102. In addition, by having an accredited Disaster Council, the City may use volunteers during a disaster and have those volunteers covered by the State's Workers Compensation Program, should a volunteer become injured while working on a voluntary basis for the City during a disaster and after being sworn in.
A complete copy of the State's Disaster Service Worker Volunteer Program (DSWVP) Guidance Manual is maintained by the Emergency Services Coordinator.
2.4 Direction and Control
The direction and control of all major disaster preparation, response, recovery, and mitigation within the City of Banning is the responsibility of the City of Banning. The Emergency Services Director is responsible for coordinating the emergency management program. He/she makes routine decisions and advises the Policy Group and City Council on alternatives when major decisions are required. Specific persons in departments/agencies are responsible for fulfilling their responsibilities as stated in this Basic Plan and will retain control of their employees and equipment during response operations. This responsibility is centered on two groups generally located at the Emergency Operations Center.
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1. Policy Group:
The Policy Group is responsible for assisting the City Manager (Director of Emergency Services) in making decisions and establishing policies relating to the safety and wellbeing of the citizens, financial impacts on the community, and long term recovery. The Policy Group consists of the:
• Mayor;
• City Manager (Director of Emergency Services);
• Asst. Director of Emergency Services;
• City Legal Advisor;
• Community Development Director;
• Public Works Director.
• Finance Director;
• HR Manager
• Police
• Emergency Services Coordinator/Fire
• Additional department directors, elected officials or technical advisors as designated by the Mayor based upon the emergency
2. SEMS EOC Functional Groups:
The EOC is divided into the five SEMS functional groups (Management, Operations, Planning/Intelligence, Logistics, and Finance/Administration). Each function is responsible for a defined part of the preparedness, response, recovery, and mitigation operations of the EOC. These functional groups are responsible for carrying out the directions and policies established by the Director of Emergency Services and the Policy Group. These groups are also responsible for the coordination of efforts and resources in response to a disaster or significant event. These groups function under the guidelines of the EOP and SEMS/NIMS and insure that field activities are performed under the guidelines of ICS
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SECTION 3: EMERGENCY MANAGEMENT PROGRAM
3.1 Concept of Operations
This EOP addresses the entire spectrum of contingencies, ranging from relatively minor incidents to large-scale disasters. A buildup or warning period will precede some emergencies, providing sufficient time to warn the public and implement mitigation measures designed to reduce loss of life, property damage, and effects on the environment. Other emergencies occur with little or no advance warning, thus requiring immediate activation of the EOP, and efficient and coordinated mobilization and deployment of resources. All departments of the City must be prepared to promptly and effectively respond to any foreseeable emergency, taking all appropriate actions, including requesting and providing mutual aid.
3.2 Emergency Management Phases
Emergency management activities during peacetime and national security emergencies are associated with four federally-defined phases:
Preparedness
Response
Recovery
Mitigation
The following sub-sections provide a definition and overview of each of these phases.
Detailed operational procedures employed by the City of Banning during each of these phases are discussed in the following Sections of this EOP:
SECTION 7: Preparedness Phase Operations
SECTION 8: Response Phase Operations
SECTION 9: Recovery Phase Operations
SECTION 10: Mitigation Phase Operations
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3.2.1 Preparedness Phase
The Preparedness Phase involves activities that are undertaken in advance of an emergency or disaster. These activities develop operational capabilities and effective responses to a disaster. These actions might include mitigation activities, emergency/disaster planning, training and exercises, and public education.
During the Preparedness Phase, the City will place emphasis on the following activities:
Training of full-time and auxiliary emergency management personnel. Conducting exercises to ensure that all EOC and field personnel are prepared to respond effectively in the event of an incident requiring the activation of the EOC.
Emergency planning to ensure that operating plans and their associated support documentation are current and accurate. City Emergency Services, in cooperation with other City departments and outside agencies, is responsible for ensuring that these planning documents are kept up-to-date. Public awareness and education to inform the public about the City's preparation and mitigation activities. The development and presentation of community disaster awareness programs is a vital part of the Preparedness Phase. Community members can obtain disaster preparedness information at City Hall or by linking to the Federal Emergency Management Agency website at http://www.fema.gov. or the Riverside County Chapter of the American Red Cross at: http://www.riversidecounty.redcross.org/. Disaster preparedness topics available at these websites include:
Earthquakes Floods and Flash Floods
Hurricanes Tornadoes
Wildland Fires Winter Storms/ Winter Driving
Winter Preparedness Safety Tips Hazardous Materials
House and Building Fires Radiological Accidents
Nuclear Power Plant Emergency Terrorism
Thunderstorms and Lightning Landslides and Mudflows
Extreme Heat
Resource management to ensure the availability of sufficient resources to cope with emergencies. City Emergency Services Coordinator is responsible for the coordination and maintenance of emergency communications systems, warning systems, and emergency equipment, and for ensuring that the Emergency Operations Center (EOC) is maintained in an operable condition. 470
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Identification of City Vital Records such as:
1. Building permits
2. Business licenses
3. City employee records
4. Payroll and other financial records
5. Historical records
6. Minutes of City Council meeting, resolutions, and ordinances Identification of Critical Facilities such as:
1. Hospitals
2. Nursing Homes/Domiciliary Care Facilities
3. Special Care/Mental Health Facilities
4. Adult Day Care
5. Elderly Day Care
6. Elderly/Handicapped Facilities
7. Hotels/Motels
8. Shopping Malls
9. Community Health Clinics and DHHS Offices
10. Private Educational Institutions and Group Day Care
11. Group Homes
12. Public Swimming Pools
Updating the identification of hazards in the City. These hazards include natural, man-made, and technological.
Increased Readiness
Upon receipt of a warning or the observation that an emergency situation is imminent or likely to occur, the City of Banning will initiate actions to prepare for the incident. This may involve establishing a Management Watch, alerting appropriate departments and agencies, and in some instances alerting the public.
Events that may trigger Preparedness Phase activities include:
Issuance of a credible long-term earthquake prediction by State OES; Receipt of a flood advisory or other special weather statement; Receipt of a potential dam failure advisory;
Initiation of rolling blackout or other power failures; An unusual pattern of disease reporting;
Notification of actual or threatened cyber events;
Conditions conducive to wildland fires, such as the combination of high heat, strong winds, and low humidity;
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A potential major hazardous materials incident;
A rapidly deteriorating international situation that could lead to an attack upon the United States; and
Information or circumstances indicating the potential for acts of terrorism, violence, or civil disturbance.
A request by the Operational Area EOC for the City to activate their EOC at an appropriate level in support of activities or events in the County that may require some level of support from the City.
If a threatening situation develops, the City Manager (Director of Emergency Services) will be notified immediately. As necessary, the Emergency Operations Center (EOC) will be activated to the level determined by the City Manager (based on a recommendation from the City’s Emergency Management Team) or as suggested In the EOC Activation Guide. The various elements of the Emergency Operations Center will be activated at the direction of the Director of Emergency Services, and SEMS/NIMS will be used.
Modes of Emergency Management
Emergency operations are managed in one of three modes, depending on the magnitude of the incident/event.
1. Decentralized Coordination and Direction
This mode of operation is similar to day-to-day operations and is used for emergency activities in which normal management procedures and local resources are adequate.
The Emergency Operations Center (EOC) is not activated and inter-unit coordination is accomplished via established telephone and radio communications. The Incident Command System (ICS) will be used for on-scene activities. On-scene managers and responders usually report through established normal reporting systems.
2. Centralized Coordination—Decentralized Direction
This mode of operation is used for emergency responses that require several functional units within the Plan to be activated. In these situations, key EOC personnel will meet to provide emergency coordination. The coordinating group meets at the EOC and establishes management organization in accordance with ICS and SEMS/NIMS.
Incident commanders and on-site emergency services continue to report through established normal channels. Information is provided to the EOC through those normal channels (usually the dispatch facilities). Their activities can include, but are not necessarily limited to the following:
a. Establishing a City-wide situation assessment function. b. Establishing a City-wide public information function. 472
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c. Determining resource requirements and coordinating resource requests. d. Establishing and coordinating the logistical systems necessary to support emergency services.
3. Centralized Coordination and Direction
This mode of operation is used when a major emergency or disaster renders the City unable to function effectively in either of the other modes. In this situation, the EOC is activated and all coordination and direction of activities are accomplished from the EOC.
If the situation warrants, a “Local Emergency” may be proclaimed.
Other Preparedness Phase activities may include the following:
a. Briefing of the Mayor and other key officials and/or employees of the City of Banning; b. Reviewing and updating of the City EOP, SOPs, and associated supporting documentation;
c. Increasing public information efforts and warnings to threatened elements of the population;
d. Accelerated training of permanent employees and volunteers e. Inspecting critical facilities and equipment;
f. Recruiting additional staff and Disaster Service Workers; g. Conducting precautionary evacuations in the potentially impacted area(s); h. Mobilizing personnel and pre-positioning resources and equipment; i. Contacting state and federal agencies that may be involved in field activities; j. Testing warning and communications systems; and
k. Identifying the need for mutual aid and requesting such through appropriate channels (Section 5: Mutual Aid System).
3.2.2 Response Phase
The City of Banning’s response to an emergency can be divided between the initial response and an extended response. The terms “initial” and “extended” imply that these aspects of response are chronological in nature. This is true in some instances; however, depending on the nature of the incident, extended response activities can begin before initial response activities are completed, or the activities can happen simultaneously. The system is intended to be flexible so that emergency personnel can engage in the appropriate actions as dictated by an incident’s characteristics. 473
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Initial Response
The City of Banning’s initial response activities are primarily structured to minimize the effects of the emergency or disaster. This includes protection of property and human life.
Examples of initial response activities include:
Disseminating alerts and warnings to the community, providing emergency public information, and instructions to the citizens of Banning; Coordinating evacuations and/or rescue operations;
Coordinating the care of displaced persons and treating the injured; Clearing priority transportation routes;
Repairing critical facilities and structures;
Conducting initial damage assessments and surveys;
Assessing the need for mutual aid assistance;
Coordinating the restriction of traffic/people movement and unnecessary access to affected areas;
Developing and implementing EOC Action Plans;
Declaring a local emergency; and
Making notifications to City Departments, City personnel, the Operational Area Extended Response
The City of Banning’s extended response activities involve the coordination and management of personnel and resources to mitigate an emergency and facilitate the transition to recovery operations.
Examples of extended response activities include:
Preparing detailed damage assessments;
Coordinating the operation of mass care facilities;
Coordinating coroner operations;
Procuring required resources to sustain operations;
Documenting situation status;
Protecting, controlling, and allocating vital resources; Coordinating restoration of vital utility services;
Tracking resource allocation;
Conducting advanced planning activities;
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Documenting expenditures;
Developing and implementing EOC Action Plans for extended operations; Disseminating emergency public information; and
Coordinating with state and federal agencies.
3.2.3 Recovery Phase
Recovery activities begin when the disaster or event begins and involves the restoration of services to the public and returning the affected area(s) to pre-emergency conditions.
Recovery activities may be both short-term and long-term, ranging from restoration of essential utilities, such as water and power, to mitigation measures designed to prevent future occurrences of a given threat. Recovery activities may reflect the continuation of the response phase activities (e.g., restoration of utilities), or they may include new activities wholly enacted as a part of the recovery process after the disaster has abated (e.g., removal of debris after a flood).
Recovery also involves the process of recovering the costs associated with the City's response to the disaster and the repair of damaged City infrastructure as well as assisting the members of the community in obtaining FEMA Disaster Assistance Program funds, if available.
Examples of recovery activities include:
Coordinating restoration of utilities;
Debris management;
Damage assessment of public and private properties;
Providing long-term recovery housing to displaced victims; Applying for State and Federal assistance programs;
Conducting hazard mitigation analyses;
Identifying residual hazards;
Determining and recovering costs associated with response and recovery; and Establishing emergency index codes for cost tracking purposes.
3.2.4 Mitigation Phase
Mitigation efforts occur both before and after emergencies or disasters. Post-disaster mitigation is actually part of the recovery process. This includes eliminating or reducing the impact of hazards that exist within the City of Banning. Pre-disaster mitigation involves activities designed to reduce the damaging impact of a disaster should it occur at some future date.
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Mitigation activities may include:
Amending local ordinances and statutes, such as zoning ordinances, building codes, and other enforcement codes;
Initiating structural retrofitting measures;
Assessing tax levies;
Flood control projects; and
Diminishing fuel in areas having a high potential for wild fires.
3.3 Organizational Concepts
This plan is in compliance with the Standardized Emergency Management System (SEMS) in accordance with the State of California Code 8607. This plan is also fully compliant with the National Incident Management System (NIMS), which was enacted by the US Department of Homeland Security on March 1, 2004.
3.3.1 Organizational Levels
SEMS is designed to be applicable to all organizational levels and functions. There are five designated levels in the SEMS organization. The levels are activated as necessary based on the characteristics of a given incident and resource availability.
Level 1 - Field Response
The field response level is the level at which emergency response personnel and resources, under the command of an appropriate authority, carry out tactical decisions and activities in direct response to an incident or threat. The Incident Command System (ICS) and Unified Command are used to control and coordinate all field-level response activities either involving only a local response (only City of Banning resources) or when the response involves local and mutual aid resources. ICS provides a standard organizational structure to facilitate coordination of various response organizations for short-term or extended incidents. Departmental SOP's and operational plans describe the specifics of the implementation of ICS in the various City departments.
During a field response operation, the City EOC may or may not be activated, depending on the severity and type of incident. Generally, if day-to-day response activities can resolve an emergency situation, activation will remain at the field response level. 476
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Level 2 - Local Government
Local governments include cities, counties, and special districts. Local governments manage and coordinate the overall emergency response and recovery activities within their jurisdiction. Local governments are required to use SEMS when their Emergency Operations Center (EOC) is activated or a local emergency is declared or proclaimed in order to be eligible for state funding of response-related personnel costs. Under SEMS, the local government emergency management organization and its relationship to the field response level may vary, depending upon factors related to geographical size, population, function, and complexity.
Level 3 - Operational Area
Under SEMS, the “Operational Area” refers to an intermediate level of the State's emergency services organization. The Operational Area Agency for Riverside County is the Riverside County Office of Emergency Services. The Operational Area encompasses the County and all political subdivisions located within the County, including special districts. The Operational Area manages and/or coordinates information, resources, and priorities among local governments within the Operational Area, and serves as the coordination and communication link between the local government level and the regional level. Activities relating to the Operational Area as a unit are controlled by the Riverside County Operational Area Planning Committee. The decision on organization and structure within the Operational Area is made by the Riverside County Board of Supervisors and the political subdivisions within the County of Riverside.
Level 4 - Region
The State of California has created three Office of Emergency Services (OES) Administrative Regions. The City of Banning is in Riverside County, which is part of the Southern Region. The State has been further divided into six Mutual Aid Regions. The purpose of a Mutual Aid Region is to provide for the effective application and coordination of mutual aid and other emergency related activities. The Regional level of the State Office of Emergency Services manages and coordinates information and resources among Operational Areas within a designated Mutual Aid Region and between the Operational Areas and the State level. The OES Region also coordinates overall state agency support for emergency response activities within the Region. The City of Banning is in Riverside County, which is part of Mutual Aid Region VI.
Level 5 - State
The State level manages State resources in response to the emergency needs of the other levels, manages and coordinates mutual aid among the Mutual Aid Regions and between the Regional level and State level. The State serves as the coordination and communication link with the federal disaster response system. 477
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3.3.2 City of Banning EOC Interfaces
Figure 3-1 provides a diagram indicating the organizations that the City of Banning’s EOC interfaces with during an activation period.
Figure 3-1: City of Banning EOC Interfaces
Field Response Units or
Incident Command Post
State OES EOC
FEMA/OFFICE OF HOMELAND SECURITY
State OES
Southern Region EOC
Other County
Operational Area EOC
Riverside County
Operational Area EOC
City of Banning EOC
Specific State Agencies
(Caltrans,CHP, DWR)
County
Agencies/Departments
Other County
Operational Area EOC
Other City EOC
Special Districts/Schools
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3.3.3 Functional Sections
The following is an overview of the five functional organization sections of SEMS.
Adopting this functional management design enables responders to consistently organize their activities in a way that meets all event needs.
SEMS/NIMS have five essential functions adapted from ICS. These functions, while originally designed to give direction and control only to field level responders, are also applicable in the EOC at the local government, operational area, regional, and state levels. They are:
Command (field level) or Management (EOC level)
Operations
Planning & Intelligence
Logistics
Finance & Administration
The system allows jurisdictions to accommodate their existing staffing patterns because it is a flexible management tool and can be molded to suit the jurisdiction's situation, not the reverse. Within the five basic functions, there are functional positions that have application to all SEMS levels. The duties and responsibilities for these functions are depicted in position checklists, which are provided for each SEMS function. A description of these EOC positions and their checklists can be found in Part 2 of this plan. Figure 3-2 below shows the basic functional organization outline for SEMS.
Figure 3-2: SEMS/NIMS Functional Organization Outline
Command (Field) or
Management (EOC)
Operations Planning &
Intelligence
Logistics Finance &
Administration
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Command (Field Level)
Command is responsible for directing, ordering, and/or controlling field resources by virtue of explicit legal, agency, or delegated authority.
Management (EOC Level)
Management is responsible for overall emergency policy and coordination through the joint efforts of governmental agencies and private organizations.
Operations (EOC Level)
Operations is responsible for the coordinated support of the field tactical response operations in accordance with the field Incident Action Plan and EOC Action Plan.
Operations coordinates support for local government's emergency response, interjurisdictional response, and citywide activities.
Planning & Intelligence (EOC Level)
Planning & Intelligence is responsible for collecting, evaluating, and disseminating information, developing the EOC Action Plan in coordination with other functions, and maintaining documentation.
Logistics (EOC Level)
Logistics is responsible for providing facilities, services, personnel, and equipment, and tracking the status of resources and materials in support of the response to the incident.
Logistics also provides the necessary communications for effective response coordination.
Finance & Administration (EOC Level)
Finance & Administration is responsible for all financial and cost analysis aspects of the incident and/or any administrative aspects not handled by other functions.
3.3.4 Policy Group
The Policy Group assists the Director of Emergency Services with the overall goals and objectives that would benefit the City during a disaster. Types of assistance include:
Determining specific policy issues such as:
a. Issues related to extended recovery;
b. Curfew and evacuation orders;
c. Price gouging issues;
Preparing orders and directives to be presented to the Mayor and Banning City Council for ratification.
• Members of the Policy Group include the Mayor, Director of Emergency Services, Asst. Director of Emergency Services, City Legal Advisor, Community 480
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Development Director, Public Works Director, Police, Emergency Services Coordinator/Fire, and the Finance Director.
• Additional department directors, elected officials or technical advisors as designated by the Mayor based upon the emergency.
3.4 EOC Activation Protocols
3.4.1 SEMS Activation Requirements
Figure 3-3 presents the minimum statewide requirements for the activation of the various Emergency Operations Centers as defined by SEMS. EOC activation requirements do not relate to the daily requests for resources under the State's Master Mutual Aid Agreement or inter-agency agreements.
EOC activation is not always at the same level. In some cases, a long term declaration may be made and not require the opening of the EOC. Examples would be declarations relating to agriculture emergencies, some health issues, or water related (water shortage due to drought). There may be situations were the County/OA may elect to open their EOC at a limited level based on the severity and activity level of the event. In these cases, the County/OA will activate a Management Watch, with the County/OA duty officer maintaining awareness of the situation and/or responding to the involved agency's EOC to provide support. Additionally, the State may elect not to physically open the Region or State EOC based on the severity and activity level of the event, along with the recommendation of the Region. In these cases, the State will activate a Management Watch, with the Region and State duty officer maintaining awareness of the situation. 481
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EOC Activation Requirements per SEMS Regulations
Situations Identified in SEMS
Regulations
Field
Response
Local
Government
Operational
Area
Region
EOC
State
EOC
Incident involving two or more involving
emergency response agencies
§2405(x), 2405(b)
Field Must Use
ICS
Local emergency declared or
proclaimed §2407(a)(2)
Activate
EOC
Local government EOC activated
§2407(a)(1)
Activate
EOC
OA requests Local Government to Open
EOC in support of an Operational Area
Event
Activate
EOC
Activate
EOC
Activate
EOC
Activate
EOC
Local government activates EOC and
requests Operational Area EOC
activation §2407(a)(1)
Activate
EOC
Activate
EOC
Activate
EOC
Activate
EOC
Two or more cities within an operational
area declare or proclaim a local
emergency §2409(f)(2)
Activate
EOC
Activate
EOC
Activate
EOC
Activate
EOC
County and one or more cities declare
or proclaim a local emergency
§2409(0(3)
Activate
EOC
Activate
EOC
Activate
EOC
Activate
EOC
City, city and county, or county requests
Governor's state of emergency
proclamation §2409(0(4)
Activate
EOC
Activate
EOC
Activate
EOC
Governor proclaims a state of
emergency for county or two or more
cities §2409(0(5)
Activate
EOC
Activate
EOC
Activate
EOC
Operational area requests resources
from outside Its boundaries §2409(0(6)
Activate
EOC
Activate
EOC
Activate
EOC
Operational area receives resource
requests from outside its boundaries
§2409(0(7)
Activate
EOC
Activate
EOC
Activate
EOC
An operational area EOC is activated
§2411(a)
Activate
EOC
Activate
EOC
Activate
EOC
A regional EOC is activated §2413(a)(1) Activate
EOC
Activate
EOC
Activate
EOC
Governor proclaims a state of
emergency §2413(a)(2)
Activate
EOC
Activate
EOC
Activate
EOC
Governor proclaims an earthquake or
volcanic prediction §2413(a)(3)
Activate
EOC
Activate
EOC
Activate
EOC
NOTE; Whenever an EOC is activated, SEMS guidance requires that SEMS must be used.
Figure 3-3: SEMS Activation Requirements
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3.4.2 Local Activation Authorities
Other than the above listed circumstances, the activation of the City of Banning’s EOC must be authorized. Pursuant to Ordinance 1258, the Banning EOC is activated by the City Manager. In the event the City Manager is unavailable to attend or otherwise perform these duties during an emergency, the order of succession shall be:
Assistant Dir. of Emergency Services
Police Chief
Emergency Services Coordinator
3.4.3 EOC Activation Levels
The City of Banning has developed criteria that identify the events/situations that may require EOC activation. The City has established three standard levels of activation.
For each level, a recommended staffing guide has been developed. The EOC staffing may be modified at the direction of the Director of Emergency Services. The activation and staffing guide is depicted in the following figure.
In addition to these the standard levels of activation, the Director of Emergency Services may choose to activate a Management Watch. A Management Watch by the City's Emergency Services provides for the event to carefully monitor without the EOC physically being opened. Using Management Watch allows the City to monitor the situation and begin the activation process as needed.
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Event/Situation Activation
Level Minimum Staffing
• Small incidents involving two
or more City Departments
• Flood Watch
• Resource request from outside
the City
• The Operational Area requests
the City activate their EOC in
support of the Operational
Area EOC
• There is an incident adjacent
to the City that may impact the
City..
One
• EOC Manager
• Representatives of
corresponding City
departments
• Moderate Earthquake
• Major wildland fire affecting
developed area
• Major wind or rain storm
• Two or more large incidents
involving two or more City
Departments
• Flood Warning
Two
• Director of Emergency
Services/Asst. Dir. Of
Emergency Svcs.
• All Section Chiefs
• Branches and Units as
appropriate for the
situation
• Agency
representatives as
appropriate
• Major Countywide or Regional
emergency
• Multiple departments with
heavy resource involvement
• Major earthquake damage
Three • All EOC positions
Figure 3-4: EOC Activation Levels
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3.5 State of Emergency Declarations
There are three types of proclamations of emergency in the State of California: local emergency, state of emergency, and state of war emergency. The following sections discuss each of these proclamations.
3.5.1 Local Emergency
A Local Emergency may be proclaimed by the City Council or by the City Manager as specified by Ordinance 1378 adopted by the City Council. A Local Emergency proclaimed by the Director of Emergency Services (City Manager) must be ratified by the City Council as soon as practicable, but in no case later than the next regularly scheduled City Council meeting. Proclamations will normally be made when there is an actual or threatened existence of a disaster or extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy.
The City Council must review, at least every 21 days, the continuing existence of the emergency situation. The City Council must terminate the emergency declaration at the earliest possible date that conditions warrant.
The Declaration of a Local Emergency provides certain legal immunities for emergency actions taken by City of Banning employees. This provides protection for the City and the employees.
The proclamation of a Local Emergency provides the legal authority to:
If necessary, request that the Governor proclaim a State of Emergency and/or request a Presidential declaration.
Promulgate or suspend orders and regulations necessary to provide for the protection of life and property, including issuing orders or regulations imposing a curfew within designated boundaries.
Exercise full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements.
Request State agencies and other jurisdictions to provide mutual aid.
Require the emergency services of any local official or employee.
Requisition necessary personnel and materials from any local department or agency. 485
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Obtain vital supplies and equipment and, if required, immediately commandeer the same for public use.
Impose penalties for violation of lawful orders.
3.5.2 State of Emergency
A State of Emergency may be proclaimed by the Governor when:
Conditions of disaster or extreme peril exist which threaten the safety of persons and property within the State caused by natural or man-made incidents.
He is requested to do so by local authorities.
He finds that local authority is inadequate to cope with the emergency.
Whenever the Governor proclaims a State of Emergency:
Mutual aid shall be rendered in accordance with approved emergency plans when the need arises in any county, city and county, or city for outside assistance.
The Governor shall, to the extent he deems necessary, have the right to exercise all police power vested in the State by the Constitution and the laws of the State of California within the designated area.
Jurisdictions may command the aid of citizens as deemed necessary to cope with an emergency.
The Governor may suspend the provisions of orders, rules, or regulations of any State agency; and any regulatory statute or statute prescribing the procedure for conducting State business.
The Governor may commandeer or make use of any private property or personnel (other than the media) in carrying out the responsibilities of his office.
The Governor may promulgate, issue, and enforce orders and regulations deemed necessary.
3.5.3 State of War Emergency
A Declaration of a State of War Emergency is proclaimed by the Governor whenever this State or nation is attacked by an enemy of the United States, or upon receipt by the State of a warning from the Federal government indicating that such an enemy attack is probable or imminent.
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The threat of war or enemy-caused disaster would require a number of preparedness actions in addition to those measures recommended for handling peacetime emergencies. These actions will be undertaken by the State automatically upon the existence of a State of War Emergency, or on order of the Governor or the Director of the Office of Emergency Services upon activation of a national defense emergency plan.
Specifically, the Governor may:
Take any of the actions described under the conditions of a State of Emergency and will direct the mobilization of the State of War Emergency management organization;
Promulgate orders, rules and regulations necessary to protect life, property and the environment;
Direct all State agencies to use their personnel, equipment, and facilities to prevent or alleviate actual or threatened damage due to the emergency; and/or Temporarily suspend any officer or employee of the State for willful neglect to obey any order or regulation issued by the Governor. The Governor may then designate the person who shall carry on the rights, obligations, and duties of the office or position for the duration of the suspension.
In addition, the Director of the California Office of Emergency Services:
Establishes the State War Emergency Organization and completes the transition to wartime emergency status in accordance with the Emergency Resources Management Plan;
Mobilizes the staff of primary and alternate State Emergency Operations Centers (EOCs);
Directs the mobilization of the State's mutual aid regional emergency staff and of the Regional EOCs;
Maintains liaison with appropriate Federal agencies and with the American Red Cross;
Receives and allocates resources provided by the Federal government or other states; and
Forms a policy group, from the California Emergency Organization, known as the Resource Priorities Board.
The Governor must call a meeting of the Emergency Council not later than the seventh day whenever it appears that a State of War Emergency will continue for more than seven days.
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SECTION 4: CONTINUITY OF GOVERNMENT
4.1 Introduction
A major disaster could result in the death or injury of key government officials, the partial or complete destruction of established seats of government, and the destruction of public and private records essential to continued operations of government.
Government at all levels is responsible for providing continuity of effective leadership and authority, direction of emergency operations, and management of recovery operations. To this end, it is particularly essential that the City of Banning continue to function as a government entity. The California Government Code and the Constitution of California provide the authority for state and local governments to reconstitute themselves in the event incumbent officials and other personnel are unable to serve.
To ensure continuity of government, several elements must be addressed by government at all levels:
• Succession of Officers
• Seat of Government
• Preservation of Vital Records
• Protection of Critical Infrastructure
Article 15, Chapter 7, Division 1, Title 2, of the California Government Code contains the primary sections pertaining to legal responsibilities of a local government as they relate to Emergency Management
Section 8642, Article 15, directs local governing bodies to convene as soon as possible whenever a state of emergency or local emergency exists and at a place not necessarily within the political subdivision.
Section 8643, Article 15, provides that the duties of the governing body during emergencies shall include ascertaining the damage to the political subdivision and its personnel and property, reconstituting itself and the political subdivision, and performing functions in preserving law and order and furnishing local services. 488
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4.2 Succession of Officers
Banning Ordinance 1258 identifies the City Manager as the Director of Emergency Services. In the event the City Manager is unavailable to attend or otherwise perform these duties during an emergency, the order of succession shall be:
Assistant Dir. of Emergency Services
Police Chief
Emergency Services Coordinator
In addition to the provisions of Ordinance 1378, Section 8638, Article 15, Chapter 7, Division 1, Title 2, California Government Code provides the authority, as well as the procedures to be employed, to assure continued functioning of political subdivisions within the State of California. Generally, Article 15 permits the appointment of up to three Standby Officers for each member of the governing body, and up to three Standby Officers for the Chief Executive, if not a member of the governing body. Article 15 permits provision for the succession of officers who head departments having duties in the maintenance of law and order, or in the furnishing of public services relating to health and safety.
Section 8644, Article 15, establishes a method for reconstituting the governing body. It authorizes that, should all members of the governing body, including all standby members, be unavailable, temporary officers shall be appointed by the chairman of the board of the County or by the mayor of any city within 150 miles of the political subdivision
4.2.1 Seat of Government
In general, the seat of City government is where the City Council is sitting and holds meetings. The Council Meetings are held in the Council Chambers at:
City of Banning City Hall
99 E. Ramsey St., Banning
The Mayor or any other member of the City Council may designate alternate or temporary seats of City government should that be necessary. During an extreme emergency, the seat of City government may be moved to the City's EOC, the alternate EOC location, or other location determined to be safe to occupy.
The City’s EOC is located at the Banning Police Department, 128 E. Ramsey St., Banning. An Alternate EOC is located at the Banning City Yard at 176 E. Lincoln. 489
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4.2.2 Protection of Vital Records
In order to provide normal government operations following a disaster, vital records must be protected. Vital records are both hardcopies and electronic copies of records. It is the responsibility of the City Clerk and Department Heads to ensure that these records are protected. The preservation of vital records is critical to the City’s recovery from a catastrophic event. In addition to the information retrieval requirements of response, each response function has a record-keeping component. Although the principal focus of vital records preservation is to support recovery through reimbursement of disasterrelated costs, vital records also have a broader and arguably more important function.
4.2.3 Critical Infrastructure
The identification of critical infrastructures prior to a disaster is essential. The ability of a City, along with private organizations, to maintain the critical infrastructure during, or immediately after a disaster helps build confidence in the public and helps return the City back to normal as quickly as possible. Critical infrastructure includes:
Telecommunications - The primary networks and systems that support the transmission and exchange of electronic communications among and between endusers, such as networked computers.
Electrical Power - The generation stations, transmission and distribution networks that create and supply electricity to end-users so that they achieve and maintain nominal functionality, including the transportation and storage of fuel essential to that system.
Gas and Oil Production, Storage, Transportation -The holding facilities for natural gas, crude and refined petroleum, and petroleum-based fuels, the refining and processing facilities for these fuels and the pipelines, trucks, and rail systems that transport these commodities from their source to systems that are dependent on gas and oil in one of their useful forms.
Banking and Finance - The retail and commercial organizations, investment institutions, and associated operational organizations, governmental operations, and support entities that are involved in all manner of monetary transactions, including storage for savings purposes, investment for income purposes, exchange for payment purposes, and disbursement for loan purposes.
Transportation -The aviation, rail, highway, and aquatic vehicles, conduits, and support systems by which people and goods are moved from a point of origin to a destination in order to support and complete matters of commerce, government operations, and personal affairs.
Water Supply - The sources of water, reservoirs and holding facilities, aqueducts and other transport systems, the filtration and cleaning systems, the pipelines, the cooling 490
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systems and other delivery mechanisms that provide domestic and industrial applications, including systems for dealing with waste water and fire fighting.
Public Safety -The medical, police, fire, and rescue systems and personnel that are called upon when responding to a public health, safety, or other unusual incident where speed and efficiency are necessary.
Food Supply and Shelters -The need to provide for the citizens of the community is essential. Feeding and sheltering both the human and the animal population during and immediately after a disaster is a priority for the City. The City works closely with the Red Cross to maintain a list of shelters available in the event of a disaster.
The City maintains a list of Critical Facilities and Infrastructure in the EOC. 491
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SECTION 5: MUTUAL AID SYSTEM
5.1 Mutual Aid Overview
Incidents frequently require responses that exceed the resource capabilities of the affected response agencies and jurisdictions. When this occurs, mutual aid is provided by other agencies, local governments, and the State. Mutual aid is voluntary aid and assistance by the provision of services and facilities, including fire, police, medical and health, communications, transportation, utilities, and other assistance.
The foundation of California’s emergency planning and response capability is a statewide mutual aid system, which is designed to ensure that adequate resources, facilities, and other support are provided to jurisdictions whenever their own resources prove to be inadequate to cope with a given situation.
The basis for the system is the California Master Mutual Aid Agreement, as referenced in the California Emergency Services Act. The California Master Mutual Aid Agreement created a formal process, in which each jurisdiction retains control of its own personnel and facilities, but can give and receive help whenever it is needed.
Mutual aid assistance may be provided under one or more of the following authorities:
California Fire and Rescue Emergency Plan.
California Law Enforcement Mutual Aid Plan.
Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 100-707).
To facilitate the coordination and flow of mutual aid, the State has been divided into six Mutual Aid Regions and three Administrative Regions as shown in Figure 5-1. The City of Banning is in Riverside County, which is located in Mutual Aid Region VI. Region VI and Region I combine to form a State OES Administrative Region known as the “Southern Region.”
This section provides an overview of California’s mutual aid system and the City of Banning’s role in that system.
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Figure 5-1: California Mutual Aid Regions
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5.2 Mutual Aid Coordination
Multi-agency, inter-agency, and discipline-specific mutual aid system coordination is used by the City of Banning and other member jurisdictions of the Riverside County Operational Area for coordinating mutual aid. Mutual aid coordination includes sharing of critical resources and prioritization of incidents.
To facilitate mutual aid, mutual aid systems work through designated mutual aid coordinators at the Operational Area, Regional, and State levels. The basic role of a mutual aid coordinator is to receive mutual aid requests, coordinate the provision of resources from within the coordinator's geographic area of responsibility, and to pass on unfilled requests to the next level.
Mutual aid coordinators may function from an EOC, their normal departmental location, or other locations depending on the circumstances. Some incidents require mutual aid but do not necessitate activation of the affected local government or operational area EOCs because of the incident's limited impacts. In such cases, mutual aid coordinators typically handle requests from their normal work location.
When an Operational Area EOC is activated, Operational Area mutual aid system representatives should be at the Operational Area EOC to facilitate coordination and information flow.
When an OES Regional EOC is activated, Regional mutual aid coordinators should have representatives in the Regional EOC unless it is mutually agreed that effective coordination can be accomplished through telecommunications. State agencies may be requested to send representatives to the Regional EOC to assist OES Regional staff in handling mutual aid requests for disciplines or functions that do not have designated mutual aid coordinators.
When the State Operations Center (SOC) is activated, State agencies with mutual aid coordination responsibilities will be requested to send representatives to the SOC.
Mutual aid system representatives at an EOC may be located in various functional elements (sections, branches, groups, or units) or serve as an agency representative depending on how the EOC is organized and the extent to which it is activated.
Figure 5-2 depicts the flow of requests and responses through the mutual aid system. 494
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Figure 5-2: Mutual Aid Flow of Requests and Resources
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5.2.1 Discipline-Specific Mutual Aid Coordination
The statewide mutual aid system includes several discipline-specific mutual aid systems, such as fire and rescue, law enforcement, and emergency managers. The adoption of SEMS and NIMS has not altered existing mutual aid systems.
To further facilitate the mutual aid process, particularly during day-to-day emergencies involving public safety agencies, Fire and Rescue, and Law Enforcement Mutual Aid Coordinators have been selected and function at the Operational Area, Regional, and State levels.
Regional Disaster Medical Health Coordinators have been identified for each Mutual Aid Region to coordinate medical mutual aid during disasters. During a disaster, the Riverside County Operational Area Mutual Aid Coordinators may be assigned to the Riverside County EOC.
Mutual aid requests that do not fall into one of the discipline-specific mutual aid systems are handled through the emergency services mutual aid system by emergency management staff at the local government, Operational Area, Regional, and State levels.
The Discipline-Specific Mutual Aid System is illustrated in Figure 5-3. 496
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Figure 5-3: Discipline-Specific Mutual Aid Systems
Discipline- Discipline-specific Mutual Aid Systems specific Mutual Aid Systems SEMS
LEVEL
Emergency
Services
Fire & Rescue
System
Law
Enforcement
System
Disaster
Medical/ Medical/Health
System
Other Systems
as developed
OES
Director
STATE
REGIONAL
OES
Regional
Administrator
OPERATIONAL
AREA
Emergency
Management
Staff
Emergency
Management
Staff LOCAL
GOVERNMENT
Chief,
Fire &
Rescue
Coordinator
Fire &
Rescue
Coordinator
Fire &
Rescue
Coordinator
Fire Chief
Law
Enforcement
Coordinator
Law
Enforcement
Coordinator
Law
Enforcement
Coordinator
Law
Enforcement
Coordinator
Disaster
Medical/ Medical/
Health
Coordinator
Disaster
Medical/ Medical/
Health
Coordinator
Disaster
Medical
Coordinator
Disaster
Medical/ Medical/
Health
Coordinator
Functional
Coordinator
Functional
Coordinator
Functional
Coordinator
Functional
Coordinator
Resource Requests
Information Flow & Information Flow &
Coordination
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5.2.2 Coordinating With Volunteers
Volunteer and private agencies are part of the City of Banning’s mutual aid system. The American Red Cross and Salvation Army are essential elements of response to meet the care and shelter needs of disaster victims. Private sector medical / health resources are also an essential part of medical response. Volunteer and private agencies mobilize volunteers and other resources through their own systems. They also may identify resource needs that are not met within their own systems that would be requested through the mutual aid system.
Some private agencies have established mutual aid arrangements to assist other private agencies within their functional area. For example, electric and gas utilities have mutual aid agreements within their industries and established procedures for coordinating with governmental EOCs. In some functional areas, services are provided by a mix of special district, municipal, and private agencies. Mutual aid arrangements may include both governmental and private agencies. Liaison should be established between activated EOCs and private agencies involved in a response. Where there is a need for extensive coordination and information exchange, private agencies should be represented in activated EOCs.
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SECTION 6: HAZARD IDENTIFICATION
The City of Banning participated as a “submitting jurisdiction” in the Riverside County Multi-Jurisdictional Local Hazard Mitigation Plan (LHMP) that was approved by FEMA and State OES in May 2005. The County’s LHMP provides a detailed identification and analysis of the hazards faced by Riverside County. This section presents a high-level overview of the hazard identification presented in that document.
Riverside County is the fourth largest county in the state, stretching nearly 200 miles across and comprising over 7,200 square miles of fertile river valleys, low deserts, mountains, foothills, and rolling plains. Riverside County shares borders with densely populated Los Angeles, Orange, San Diego, and San Bernardino Counties, extending from within 14 miles of the Pacific Ocean to the Colorado River.
The City of Banning is located 70 miles east of Los Angeles and 20 miles east from the City of Riverside. Banning covers over 25 square miles and the year 2006 census showed a population of 30,260.
The approved Riverside County Multi-Jurisdictional LHMP identifies and analyzes an extensive list of the hazards faced by the County. It assigns each hazard a severity rating, indicating the amount of damage that would be done to the County and its population should the hazard occur, and a probability rating, indicating the likelihood that the hazard may occur within the County. Both ratings are on a scale of 0-4, with 4 being the most severe or the most likely to occur. Figure 6-1 summarizes the hazards identified and the ratings assigned by the LHMP.
Summaries of the specific hazard information are included in this plan, with more specific and detailed information contained in the County Multi-jurisdictional Local Hazard Mitigation Plan and the County's Integrated Project - General Safety Element.
Both of these documents can be found on the County's Website. 499
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RIVERSIDE COUNTY LOCAL JURISDICTION HAZARD ASSESSMENT WORKSHEET
COUNTY CITY OF BANNING
HAZARD
SEVERITY
0 - 4
PROBABILITY
0 - 4
SEVERITY
0 - 4
PROBABILITY
0 - 4
RANKING
1 - 19
EARTHQUAKE 4 3 4 3 1 WILDLAND FIRE 3 4 2 4 2 FLOOD 3 3 3 2 5 OTHER NATURAL HAZARDS DROUGHT 3 3 2 3 6
LANDSLIDES 2 3 2 2 14
INSECT INFESTATION 3 4 1 1 17
EXTREME SUMMER/WINTER WEATHER 2 4 3 2 9
SEVERE WIND EVENT 3 3 3 3 8
AGRICULTURAL
DISEASE/CONTAMINATION 3 4 1 1 19
TERRORISM 4 1 1 1 18
OTHER MAN-MADE
PIPELINE 2 4 4 2 7
AQUEDUCT 2 1 1 1 16
TRANSPORTATION 2 4 4 3 3
BLACKOUTS 3 4 4 3 13
HAZMAT ACCIDENTS 3 4 4 3 4 NUCLEAR ACCIDENT 4 4 4 2 15
TERRORISM 4 4 4 2 12
CIVIL UNREST 2 4 4 2 11
JAIL/PRISON EVENT 1 3 3 2 10
Figure 6-1: Riverside County Hazard Assessment
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The following is City of Banning-specific information extracted from the County’s Multijurisdictional LHMP.
Specific Hazards Summary
Jurisdiction Hazard Type
Hazard Name In
Jurisdiction?
Adjacent to
Jurisdiction?
Banning Fault
San Andreas Earthquake
Fault Yes Yes
Banning Pipeline Natural Gas Yes Yes
Banning Pipeline Oil Yes Yes
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DOES YOUR ORGANIZATION HAVE:
AIRPORT IN JURISDICTION YES
AIRPORT NEXT TO JURISDICTION NO
DAIRY INDUSTRY NO
POULTRY INDUSTRY NO
CROPS/ORCHARDS NO
DAMS IN JURISDICTION NO
DAMS NEXT TO JURISDICTION NO
LAKE/RESERVOIR IN JURISDICTION NO
LAKE/RESERVOIR NEAR JURISDICTION NO
JURISDICTION IN FLOOD PLAIN YES
CONTROLLED FLOOD CONTROL CHANNEL YES
UNCONTROLLED FLOOD CONTROL CHANNEL YES
EARTHQUAKE FAULTS IN JURISDICTION YES
EARTHQUAKE FAULTS NEXT TO JURISDICTION YES
MOBILE HOME PARKS YES
NON-REINFORCED FREEWAY BRIDGES NO
NON-REINFORCED BRIDGES NO
BRIDGES IN FLOOD PLAIN YES
BRIDGES OVER OR ACROSS RIVER/STREAM YES
ROADWAY CROSSING RIVER/STREAM YES
NON REINFORCED BUILDINGS NO
FREEWAY/MAJOR HIGHWAY IN JURISDICTION YES
FREEWAY/MAJOR HIGHWAY NEXT TO JURISDICTION YES
FOREST AREA IN JURISDICTION YES
FOREST AREA NEXT TO JURISDICTION YES
WITHIN THE 50 MILES SAN ONOFRE EVACUATION ZONE NO
MAJOR GAS/OIL PIPELINES IN JURISDICTION YES
MAJOR GAS/OIL PIPELINES NEXT TO JURISDICTION YES
RAILROAD TRACKS IN JURISDICTION YES
RAILROAD TRACKS NEXT TO JURISDICTION YES
HAZARDOUS WASTE FACILITIES IN JURISDICTION YES
HAZARDOUS WASTE FACILITIES NEXT TO JURISDICTION YES
HAZARDOUS STORAGE FACILITIES IN JURISDICTION YES
HAZARDOUS STORAGE FACILITIES NEXT TO JURISDICTION YES
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DOES YOUR ORGANIZATION OWN OR OPERATE A FACILITY
IN A FLOOD PLAIN YES
NEAR FLOOD PLAIN YES
NEAR RAILROAD TRACKS YES
NEAR A DAM NO
UPSTREAM FROM A DAM NO
DOWNSTREAM FROM A DAM NO
DOWNSTREAM OF A LAKE NO
DOWNSTREAM FROM A RESERVOIR NO
NEAR A CONTROLLED FLOOD CONTROL CHANNEL YES
NEAR UNCONTROLLED FLOOD CONTROL CHANNEL YES
ON AN EARTHQUAKE FAULT YES
NEAR AN EARTHQUAKE FAULT YES
WITHIN THE 50 MILE SAN ONOFRE EVACUATION ZONE NO
IN A FOREST AREA YES
NEAR A FOREST AREA YES
NEAR A MAJOR HIGHWAY YES
A HAZARDOUS WASTE FACILITY YES
NEAR A HAZARDOUS WASTE FACILITY YES
A HAZARDOUS STORAGE FACILITY YES
NEAR A HAZARDOUS STORAGE FACILITY YES
NON REINFORCED BUILDINGS NO
A MAJOR GAS/OIL PIPELINE NO
NEAR A MAJOR GAS/OIL PIPELINE YES
DOES YOUR ORGANIZATION HAVE ANY LOCATIONS THAT:
HAVE BEEN DAMAGED BY EARTHQUAKE AND NOT REPAIRED NO
HAVE BEEN DAMAGED BY FLOOD YES
HAVE BEEN DAMAGED BY FLOOD MORE THAN ONCE YES
HAVE BEEN DAMAGED BY FOREST FIRE NO
HAVE BEEN DAMAGED BY FOREST FIRE MORE THAN ONCE NO
HAVE BEEN IMPACTED BY A TRANSPORTATION ACCIDENT NO
HAVE BEEN IMPACTED BY A PIPELINE EVENT NO
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EMERGENCY OPERATIONS INFORMATION
DOES YOUR ORGANIZATION HAVE AN EOC YES
IS YOUR EOC LOCATED:
IN A FLOOD PLAIN NO
NEAR FLOOD PLAIN YES
NEAR RAILROAD TRACKS YES
NEAR A DAM NO
UPSTREAM FROM A DAM NO
DOWNSTREAM FROM A DAM NO
DOWNSTREAM OF A LAKE NO
DOWNSTREAM FROM A RESERVOIR NO
NEAR A CONTROLLED FLOOD CONTROL CHANNEL YES
NEAR UNCONTROLLED FLOOD CONTROL CHANNEL YES
ON AN EARTHQUAKE FAULT YES
NEAR AN EARTHQUAKE FAULT YES
WITHIN THE 50 MILE SAN ONOFRE EVACUATION ZONE NO
IN A FOREST AREA NO
NEAR A FOREST AREA NO
NEAR A MAJOR HIGHWAY YES
A HAZARDOUS WASTE FACILITY NO
NEAR A HAZARDOUS WASTE FACILITY NO
A HAZARDOUS STORAGE FACILITY NO
NEAR A HAZARDOUS STORAGE FACILITY YES
NON REINFORCED BUILDINGS NO
A MAJOR GAS/OIL PIPELINE YES
NEAR A MAJOR GAS/OIL PIPELINE YES
OTHER FACILITY INFORMATION
ARE THERE LOCATIONS WITHIN YOUR JURISDICTION THAT:
COULD BE CONSIDERED A TERRORIST TARGET YES
COULD BE CONSIDERED A BIO-HAZARD RISK YES
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HAZARD SUMMARIES
Although the City of Banning has numerous hazard threats, the hazards listed below are hazards that the City has taken special notice of and has developed specific activation checklists. In addition, several of these hazards have specific plans written for the hazard addressing specific response activities. Some of these hazard specific plans have been written at the City specific level while others have been written at the County/Operational Area Level. Hazard specific plans and checklists are located in either Part III of this document or as separate plans located in both the City and County EOCs. Some of the hazards that the City has taken special note of are listed below with a brief general description of the hazard. Also listed is if the City has added a specific checklist for that hazard as well as if the City and/or the County have a specific response plan for that hazard.
EARTHQUAKES - Hazard Specific Checklist
Banning shares many of the hazards associated with earthquakes faults in Southern California. There are three major faults and several minor faults that could impact the City of Banning. The major faults include the San Andreas near San Gorgonio Pass, the Banning Fault, and the San Jacinto Fault. Each of these has the potential of generating a significant earthquake which would impact the City of Banning.
FLOODING – Hazard Specific Checklist
A flood is defined as an overflowing of water onto an area of land that is normally dry.
Floods generally occur from natural causes, usually weather-related, such as a sudden snowmelt, often in conjunction with a wet or rainy spring or with sudden and very heavy rainfalls. Floods can, however, result from human causes as a dam impoundment bursting. Dam break floods are usually associated with intense rainfall or prolonged flood conditions. In the Riverside County area, an earthquake can cause dam failure.
The greatest threat to people and property is normally in areas immediately below the dam since flood discharges decrease as the flood wave moves downstream.
Floods are generally classed as either slow-rise or flash floods. Slow-rise floods may be preceded by a warning time lasting from hours to days, or possibly weeks. Evacuation and sandbagging for a slow rise flood may lessen flood-related damage. Conversely, flash floods are the most difficult for which to prepare due to the extremely short warning time, if there is any at all. Flash flood warnings usually require immediate evacuation.
On some occasions in the desert areas, adequate warning may be impossible.
For floodplain management purposes, the following discussion describes the Federal Emergency Management Agency (FEMA) definition of “100-year flood.” The term "100- year flood" is misleading. It is not a flood that will occur once every 100 years. Rather, the flood elevation has a 1 percent chance of being equaled or exceeded each year. 505
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Thus, a 100-year flood could occur more than once in a relatively short period of time.
The 100-year flood, which is the standard used by most federal and state agencies, is used by the National Flood Insurance Program (NFIP) as the standard for floodplain management and to determine the need for flood insurance. A structure located within a special flood hazard area shown on a map has a 26 percent chance of suffering flood damage during the term of a 30-year mortgage.
WILDLAND FIRE - Hazard Specific Checklist
A wildfire is an uncontrolled fire spreading through vegetative fuels and exposing or possibly consuming structures. They often begin unnoticed and spread quickly.
Although not located in a wilderness area, the threat of a wildland fire in or near Banning is high do to the wildland/urban interface areas in and around the City. A wildland/urban interface fire is a wildfire in a geographical area where structures and other human development meet or intermingle with wildland or vegetative fuels. Significant development in areas of Banning and its surrounding areas are considered wildland/urban interfaces and many of these areas have experienced prolonged droughts or are excessively dry and at risk of wildfires. In addition, the Santa Ana winds pose an additional threat to the community for spreading wildland fires. Wildland fire hazards exist in varying degrees over approximately 90% of Riverside County and the City of Banning (open space, parklands and agricultural areas). The fire season extends approximately 5 to 6 months, from late spring though fall. Hazards arise from a combination of reasons: the undeveloped and rugged terrain, highly flammable brush-covered land, and long dry summers. There are heavy fuel loads, especially in watershed areas unaffected by fire for many years. Structures with wood shake roofs ignite easily and produce embers that can contribute to fire spread. The aftermath of wildland fire produces a new area of potential landslide as burned and defoliated areas are exposed to winter rains.
The City of Banning has developed a set of quick response references for the Banning EOC. This set of checklists is located in Part 4 of the Plan.
HAZARDOUS MATERIALS - County Plan
The production and use of hazardous materials has become a normal part of society. A hazardous material is any substance that may be explosive, flammable, poisonous, corrosive, reactive, radioactive, or any combination thereof, because of its quantity, concentration or characteristics. Hazardous materials require special care in handling because of the hazards they pose to public health, safety and the environment.
A hazardous materials incident involves the uncontrolled release of a hazardous substance(s) during storage or use from a fixed facility or mobile transport. Releases of hazardous materials can be especially damaging when they occur in highly populated areas or along transportation routes used simultaneously by commuters and hazardous materials transports.
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Because of the multitude of transportation systems in the City of Banning (highways and railways), hazardous substances incidents are more likely to occur. Fixed facilities do have occurrences of hazardous materials incidents; however, stringent facility safety requirements help to limit these occurrences at fixed facilities. Fixed facilities include small chemical manufacturing or processing facilities, manufacturing and light industrial facilities.
The agricultural businesses in and around the City of Banning may also be a source of hazardous materials incidents. Accidental releases of pesticides, fertilizers and other agricultural chemicals may be harmful to the public health, safety and the environment.
Another source of hazardous materials incidents is the illegal manufacturing of drugs in clandestine laboratories. In many instances, the residue and hazardous waste from these laboratories are illegally dumped, posing a public health and safety hazard and a threat to the environment.
TERRORISM - County Plan
The County of Riverside, in conjunction with the public safety and health agencies in the County has developed a "Terrorism Annex" as part of the County's EOP plan. The public safety agencies for the City of Banning (Riverside County Sheriff and Riverside County Fire) participated in the development of this document. The County "Terrorism Annex" is located with the Riverside County Office of Emergency Services and the Riverside County Sheriff's Department.
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SECTION 7: PREPAREDNESS PHASE OPERATIONS
The Preparedness Phase involves activities that are undertaken in advance of an emergency or disaster. Preparedness Phase activities generally fall into the categories of improving readiness and increasing capabilities. Pre-hazard mitigation activities, which are discussed in Section 9, also occur during the preparedness phase.
7.1 Preparedness Phase Management Approach
Preparedness Phase activities take place under the normal City of Banning organizational and management structures. City of Banning Emergency Services is the lead agency and is responsible for coordinating the Preparedness Phase activities of the various City departments. Individual departments are responsible for maintaining departmental plans and generally improving their daily operations to improve their readiness to respond.
7.2 Training and Exercises
Emergency response exercises allow emergency response personnel to become fully familiar with the procedures, facilities, and systems used during an actual emergency.
The EOP and the overall City of Banning capability to respond will be tested using a combination of the following exercise types:
Tabletop Exercise. A Tabletop Exercise is an activity in which elected/appointed officials and key staff with emergency management responsibilities are gathered together informally, usually in a conference room, to discuss various simulated emergency situations. An exercise is designed to elicit constructive discussion by the participants without time constraints as they examine and then attempt to resolve problems based on the existing EOP and to test Departmental Plans and procedures. The purpose of the exercise is for participants to evaluate plans and procedures, and to resolve questions of coordination and assignment of responsibilities throughout the exercise in a non-threatening format and under minimum stress. Tabletop Exercises are an effective method of determining if sufficiently robust policies and procedures exist to handle specific situations which may arise during an event.
Functional Exercise. A Functional Exercise is an activity designed to test or evaluate the capability of one or multiple functions, or activities within a function.
A Functional Exercise is more complex than a Tabletop Exercise in that activities are usually under some type of time constraint with the evaluation/critique coming at the end of the exercise. A Functional Exercise typically takes place in the EOC in conjunction with selected agencies and may include the State OES Southern Region, Federal Government agencies, the Riverside County Operational Area EOC, and/or neighboring Operational Areas’ EOCs. 508
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Full-Scale Exercise. A Full-Scale Exercise involves an actual deployment of personnel and equipment throughout a geographic area. It will typically involve the activation of the EOC and multiple agencies, and the establishment of field command posts. This type of exercise includes mobilization of personnel and resources; the actual movement of emergency personnel and resources; and the actual movement of emergency workers, equipment, and resources required to demonstrate coordination and response capability.
It is the policy of City of Banning Emergency Services to conduct a Full-Scale Exercise every two years and to conduct either a Tabletop or Functional Exercise at least once each year. An actual EOC activation may take the place of a scheduled exercise.
In addition to exercises, classroom training is an essential component of preparedness and response. The Emergency Services training program will provide training to employees through the use of classes presented by the Riverside County Operational Area Training Committee, Riverside County OES, CSTI, and FEMA. The objectives of this training program are to:
Orient City employees (EOC and non-EOC personnel) on the concepts and procedures presented in the EOP;
Familiarize those assigned to the EOC with the function, equipment, and logistics of the EOC facility; and
Train all City employees on the organizational concepts associated with SEMS/MINS/ICS according to the recommendations of State OES and the Riverside County Operational Area Training Committee.
7.3 Public Awareness and Education
The public's response to any emergency is based on an understanding of the nature of the emergency, the potential hazards, the likely response of emergency services, and the knowledge of what individuals and groups should do to increase their chances of survival and recovery. The City of Banning Emergency Services will make emergency preparedness information from local, state, and federal sources available to the citizens of Banning.
7.4 Increased Readiness
In order to establish a smooth transition from normal operations to a declared local emergency and to react to localized distress situations of lesser magnitude than a declared emergency, a “Management Watch” will be established. 509
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Duties of the Management Watch Team will be to collect and analyze information relative to the situation, direct response to the degree allowable, and refer other matters to the appropriate level for executive decision. Specific activities that may be undertaken at the discretion of the Director of Emergency Services include the following:
Recall Emergency Services staff to the office, as necessary for the situation; Make necessary preparations to activate the City EOC; Establish communications with key City officials as necessary to assess the situation;
Establish communications with the Riverside County OA EOC and any applicable Special Districts;
Ensure a communications check is performed on all City communications systems;
Coordinate emergency public information with the City PIO; and Anticipate EOC logistical needs (food, lodging, re-supply, etc.).
7.4.1 Management Watch Activation
The City of Banning Emergency Services will maintain surveillance of current events and recommend to the City Manager that Management Watch be initiated whenever:
Forecast/existing weather or other natural phenomenon is of such intensity to indicate a need for added precaution or extra protective measures; and/or An incident in progress is causing distress or damages of a serious nature but not of a magnitude requiring an emergency declaration.
The County EOC requests activation.
The Director of Emergency Services will direct initiation of Management Watch.
7.4.2 Management Watch Personnel
Management Watch may consist of responsible individuals from the following departments (as determined by the City Manager), with the authority to collect and display status information related to that agency's area of interest and to assure positive action toward protection of life and property:
Public Works Department;
Development Services Department;
Riverside County Sheriff’s Department; and
Other departments as directed by the Director of Emergency Services. 510
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7.4.3 Management Watch Termination
Termination of Management Watch may occur whenever:
The situation subsides, and the City Manager directs a return to regular operations, or
The situation intensifies to the degree that a local emergency is declared.
Management Watch will then phase-out as the EOC Staff assumes control responsibility.
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SECTION 8: RESPONSE PHASE OPERATIONS
The Response Phase often begins with a response by field units and will escalate as the event becomes larger, requiring additional support and/or resources. In other cases, the event or threat of the event in and of itself will cause the formal activation of the City EOC. Section 8.1 below describes in general terms the organization of the EOC and the procedures that will be used to manage operations within the EOC. The remaining subsections of Section 8 (8.2 – 8.10) present a general overview of the various Operational Branches of the EOC. Part 2 of this EOP provides more detail about the operations of the EOC.
8.1 Response Phase Management Approach
Upon activation of the EOC, all of the City’s response activities are managed through the SEMS organizational section defined in this section of the EOP.
8.1.1 EOC Activation Policies
The City’s partial or total response to natural disasters or technological incidents will be dictated by the type and magnitude of the emergency. Generally, response to a major peacetime emergency situation will progress from local to County to State to Federal involvement.
Activation Policy
The City of Banning EOC will be activated as indicated on the chart in figure 8.1. In addition, the City EOC may be activated under the following conditions:
Field response agencies need additional support or resources; When events in the areas/jurisdictions in close proximity to the City would indicate that the event may directly or indirectly impact the City; City Activation may involve partial or full staffing, depending on the support required.
The following list depicts the circumstances when the City of Banning EOC should be activated and SEMS used, per the SEMS Regulations (California Code of Regulations, Title 19, Section 2409(f)):
The City of Banning has declared a local emergency;
The City of Banning has requested a Governor's Proclamation of a State of Emergency, as defined in California's Emergency Services Act, 8558(b); or A state of emergency is proclaimed by the Governor for the City of Banning. 512
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Other than the above listed circumstances, the activation of the City of Banning EOC must be authorized. The following City personnel (and/or their designees) are authorized to request the activation of the City’s EOC:
Dir. of Emergency Services;
Asst. Dir. Of Emergency Services;
Police Chief and
Emergency Services Coordinator.
The City of Banning has developed criteria that identify the events/situations that may require EOC activation. The City has established three levels of activation. For each level, a recommended minimum staffing guide has been developed. The activation and staffing guide is depicted in the following figure.
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Event/Situation Activation
Level Minimum Staffing
• Small incidents involving two
or more City Departments
• Flood Watch
• Resource request from outside
the City
• The Operational Area requests
the City activate their EOC in
support of the Operational
Area EOC
• There is an incident adjacent
to the City that may impact the
City..
One
• EOC Manager
• Representatives of
corresponding City
departments
• Moderate Earthquake
• Major wildland fire affecting
developed area
• Major wind or rain storm
• Two or more large incidents
involving two or more City
Departments
• Flood Warning
Two
• Dir. of Emergency
Services
• All Section Chiefs
• Branches and Units as
appropriate for the
situation
• Agency
representatives as
appropriate
• Major Countywide or Regional
emergency
• Multiple departments with
heavy resource involvement
• Major earthquake damage
• Any real or potential failure of
Perris Dam
Three • All EOC positions
Figure 8-1: EOC Activation Levels
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8.1.2 EOC Coordination
Coordination with the Riverside County OA
Direct coordination and communication with the Riverside County OA EOC is essential.
Initially, communications will be established by any means available and with whoever is available, regardless of their functional EOC position. Ideally, communications and coordination will eventually occur along functional lines.
Whenever feasible, a City representative should be at the Riverside County EOC. The City representative can help ensure that adequate coordination and information exchange arrangements are made with the Operational Area.
Special Districts, Schools, and Private Agency Involvement The emergency response role of special districts is generally focused on their normal services or functional area of responsibility. During disasters, some types of special districts will be more extensively involved in the emergency response by directly coordinating with, communicating with, and assisting local governments.
The level of involvement of special districts, schools, public utilities, private organizations, and volunteer agencies will vary considerably depending upon the kind of incident. In general, special districts or other agencies that have a statutory or jurisdictional responsibility with the incident should be represented at the incident. The form of involvement for these districts and agencies may be as part of the Unified Command or as an Agency Representative who coordinates with a City of Banning Liaison Officer. The emergency response role of special districts will be focused on their normal services and functional area of responsibility.
A cooperating agency supplies assistance other than direct tactical resources to the incident control effort. Telephone companies, electric companies, water and sanitation districts, and other private and volunteer agencies could be cooperating agencies, depending on the type of incident.
8.1.3 EOC Organization Structure
Figure 8-2 presents the EOC organizational structure. The remaining sub-sections of this section provide an overview of the operations of the key EOC Branches. Detailed descriptions of each EOC Branch and position, along with checklists and SOPs defining their operations, are contained in Part 2 of this plan. 515
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Figure 8-2: EOC Detailed Organization Chart
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8.1.4 Action Planning
The Planning & Intelligence Section is responsible for facilitating the Action Planning Meeting and completing and distributing the EOC Action Plan. EOC Action Plans are developed for a specified operational period, which may range from a few hours to 24 hours. The operational period is determined by first establishing a set of priority actions that need to be performed. A reasonable timeframe is then established for accomplishing those actions.
EOC Action Plans are an essential part of SEMS at all levels. Action Planning is an effective management tool involving two essential characteristics:
A process to identify objectives, priorities, and assignments related to emergency response or recovery actions; and
Plans which document the priorities, objectives, tasks, and personnel assignments associated with meeting the objectives.
The action planning process should involve the Director of Emergency Services and all Section Chiefs, along with other EOC staff, as needed, such as technical specialists, special district representatives, and department representatives.
EOC Action Plans need not be complex, but should be sufficiently detailed to guide EOC elements in implementing the priority actions.
There are two levels of Action Plans. The Field-level Action Plan (IAPs) and the EOClevel Action Plans (EOC Action Plan) It is important that all incidents have some form of Action Plan. The plan developed around some duration of time called an Operational Period will state the objectives to be achieved and describe the strategy, tactics, resources, and support required to achieve the objectives within the timeframe. Generally, the length of the Operational Period is determined by the length of time needed to achieve the objectives. The Planning and Intelligence Section can create EOC Action Plans for each work shift, a 24-hour period, or whatever is logical for a given event.
Small incidents, with only a few assigned resources, may have a very simple plan which may not be written. As incidents become larger, or require multi-agency involvement, the Action Plan should be written. In general, whenever the EOC is activated, there should be a written Action Plan.
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There are four main elements that should be included in an Action Plan:
Statement of Objectives – Statement of what is expected to be achieved.
Objectives must be measurable.
Organization – Description of elements of EOC organization that will be in place for the next Operational Period.
Tactics and Assignments – Description of tactics and control operations, including what resources will be assigned.
Supporting Material – May include a map of the incident, a communications plan, medical plan, a traffic plan, weather data, special precautions, and a safety message.
8.1.5 Status Reporting
Following the initial area reconnaissance, a series of reports will be required in order to provide detailed information to the various levels of government. The City of Banning has developed the following standardized forms for reporting disaster intelligence and for making resource requests. The forms identify the area covered by reporting and include all observed damage. Where no damage is observed, negative reports will be submitted.
City of Banning Status Reporting Forms
The following forms are used within the City of Banning to communicate status between the EOC and the agencies that are involved in responding to an incident.
Flash Reports (RIVCO Form #1)
The first series of reports to be submitted from the City of Banning to the Operational Area (Riverside County EOC) will be Flash Reports. These reports can be verbal or can be faxed, but should be submitted as quickly as possible following a disaster. The information contained in these reports will be compiled by the Operational Area EOC and forwarded to the Regional EOC.
Situation Reports (RIVCO Form #2)
A more refined and detailed Situation Report will be prepared and submitted by the City of Banning to the Operational Area EOC within two hours of the occurrence of the disaster, if possible, or as requested. This report will further define the affected areas, note the activation of local EOCs, note any local emergency declaration, estimate the number of casualties, and provide other essential information.
Logistics Request Form
This report form should be used to request resources not available locally in the City of Banning. This form may also be used to track requests or to request support from the Operational Area.
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Message Form
This report form is a transmittal information sheet that allows information to be passed among the EOC, internal departments, and the Riverside OA.
8.1.6 After-Action Reporting and Analysis
The completion of an After Action Report is a part of the required SEMS reporting process. The Emergency Services Act, Section 8607 (f) mandates that the State Office of Emergency Services (OES) in cooperation with involved state and local agencies, complete an after action report within 120 days after each declared disaster. Section 2450 (a) of the SEMS Regulations states that ...."Any city, city and county, or county declaring a local emergency for which the governor proclaims a state of emergency, and any state agency responding to that emergency shall complete and transmit an after action report to OES within ninety (90) days of the close of the incident period as specified in the California Code of Regulations, section 2900(j).
It is the policy of the City of Banning Emergency Services to prepare an After-Action Report after every EOC activation.
The After-Action Report provides, at a minimum, the following:
Response actions taken;
Application of SEMS;
Suggested modifications to SEMS;
Necessary modifications to plans and procedures;
Training needs; and
Recovery activities to-date.
The After-Action Report serves as a source for documenting City emergency response activities and identifying areas of concern and successes. It also is utilized to develop a work plan for implementing improvements.
An After-Action Report is a composite document for all SEMS levels, providing a broad perspective of the incident, referencing more detailed documents, and addressing all areas specified in regulations.
An After-Action Report includes an overview of the incident, including enclosures and also addresses specific areas of the response, if necessary. It is coordinated with hazard mitigation efforts, which may be included in the “recovery actions to-date” portion of the report.
The City of Banning Emergency Services will be responsible for the completion and distribution of the City After-Action Report, including sending it to the Southern Region of State OES within the required 90-day period.
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After-Action Reports should be written in simple language, well-structured, brief, and geared to the primary audience. Data for the After-Action Report is collected from a questionnaire, other documents developed during the disaster response, and interviews of emergency responders.
8.2 Communications - Alert and Warning
The City of Banning uses a wide variety of systems to communicate with Government agencies within and outside the City and directly with the population of the City. The following sections provide brief descriptions of each of the systems and discussions of their functions. Alerting and warning involves the notification of emergency response personnel, as well as notifying the affected public
The Law Enforcement Departments and Fire Departments have the primary responsibility of alerting and warning the public, with assistance from the Public Information Officer, as deemed necessary. Alerting and warning the public may be accomplished through the Emergency Alert System, special broadcasts, or simply driving up and down the streets using a public address system.
8.2.1 Warning Systems
The City of Banning has available several systems for providing disaster information to the public. The following paragraphs provide a brief overview of these systems.
City of Banning Cable Television Channel
The City of Banning has a local cable television channel which they have direct broadcast control. This channel is used for broadcasting City Council meetings and other information to the citizens of the City of Banning. In an emergency, the City has the capability to broadcast text messages and live video to the subscribers of the cable system.
Emergency Digital Information System (EDIS)
EDIS is a system developed and operated by State OES. It provides a means for authorized agencies to deliver emergency public information and advisories directly to the news media, local agencies, and the general public. The City of Banning has direct access to EDIS for the purpose of sending out notices to those local governments and the public monitoring EDIS.
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The purpose of EDIS is to alert, inform and reassure the public about current or foreseen threats to public safety. Any bulletin that serves those purposes is appropriate for distribution on EDIS, provided that it is:
• Clear, concise, timely and accurate
• Correctly prioritized
• Targeted to the affected geographic area
There are five EDIS priority levels:
FLASH -- Immediate life-safety warnings only. May trigger automatic alarm and notification systems.
Urgent -- Time-sensitive information about threats to life or property.
News -- Routine information about potential emergencies, training, preparedness, and updates or details about ongoing emergencies.
Advisory -- Bulletins for coordination with the news media, such as announcements of news briefings or special access arrangements.
Test -- To verify readiness of EDIS systems.
EDIS messages are transmitted from State OES to radio receivers in newsrooms, as well as to other governmental agencies by the Internet and the OASIS satellite systems.
Emergency Alert System (EAS)
The City of Banning is a member of Riverside County's EAS system. Formerly known as the Emergency Broadcast System, EAS is a statewide network of commercial broadcasting stations and interconnecting facilities, which have been authorized by the Federal Communications Commission (FCC) to operate in a controlled manner during a war, state of public peril or disaster, or other national emergency. The system is devised to provide the President and Federal government with a means of emergency communications with the general public. It may be used on a voluntary basis during day-to-day situations posing a threat to safety of life and property.
The EAS is used for warnings of an immediate action, such as child abductions, tornadoes, flash floods, evacuations of areas due to an incident (such as hazardous spill), or other events requiring immediate action. A copy of the County EAS Plan which outlines the use of the EAS system is located in the City's EOC. To initiate EAS, the City of Banning should notify Riverside County OES representative. 521
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National Warning System (NAWAS)
NAWAS was originally established to rapidly notify emergency management officials of an impending or threatened attack or accidental missile launch on the United States.
This is still a major priority of the NAWAS. However, with the ending of the Cold War, FEMA has placed primary emphasis on an all-hazard approach to emergency management to support rapid and effective response to natural and technological disasters.
The National Warning System (NAWAS) is a key component of the State's "all hazard" warning system. The primary State Warning Point is at the Office of Emergency Services in Sacramento. The Alternate State Warning Point is at the California Highway Patrol Headquarters in Sacramento. In addition, to these two State primary locations, each County Sheriff's Department in the State acts as the NAWAS answering point for that county. Types of Civil Emergency Warnings Supported by NAWAS are of a natural or technological disaster or emergency, which may include any of the following events:
- Aircraft crash - Storms
- Domestic errant missile launch - Tornados
- Drought - Tsunami
- Earthquake - Volcanic eruption
- Explosion - Civil disorder
- Fire - Landslide or mudslide
- Flooding - Nuclear accidents
- Hazardous chemical spills - Reentering space debris
- Hurricane
8.2.2 County/OA Communications Systems
The communications system installed at the County EOC and local EOCs support the activities of the Riverside County Emergency Management Organization. Other communications systems provide radio links to the county's cities and unincorporated areas, or to State and Federal authorities.
Western County Disaster Net
The Riverside OA EOC staff uses this low-band radio to communicate with other staff members as well as with city EOCs located in Western Riverside County. The capability exists to link the Western County Disaster Net with the Coachella Valley Disaster Net.
Coachella Valley Disaster Net
EOC staff in the Coachella Valley use this VHF radio system to communicate internally and with city EOCs in the Coachella Valley. The capability exists to link the Western County Disaster Net with the Coachella Valley Disaster Net. 522
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Satellite Telephones
The County EOC uses permanent and portable devices utilizing satellite technology to communicate with various cities and agencies who belong to the emergency managers talk group. The satellite telephone system also provides an alternate telephone system should the normal hard line telephone, cellular, and Nextel systems within the county be non-functional.
Satellite phones utilize a high-powered satellite, positioned in geostationary orbit, 22,300 miles in the sky, as a repeater. These phones are not limited by terrain features and distances. The satellite phone provides a vital communications link from any location.
The City of Banning EOC has satellite phone capability.
Radio Amateur Civil Emergency Service (RACES)
The primary mission of the Radio Amateur Civil Emergency Services (RACES) during an emergency and/or disaster is to provide communication services that include the use of portable stations, as back-up either to established communications or as a fill-in where communications do not normally exist.
RACES may be activated at the request of any governmental agency in the event of an emergency or disaster, with coordination by Riverside County OES. An example of a governmental agency may include any city, County agency, or special district (e.g. water district, school district, community services district) within Riverside County.
RACES works with and provides communications services for non-governmental organizations such as the American Red Cross, Riverside County Volunteer Organizations Active in Disaster (RCVOAD), and other local groups. RACES is available to be of service in various capacities in time of emergency or disaster.
RACES in Riverside County may encompass ARES members (American Radio Relay League Amateur Radio Emergency Services). Riverside County RACES is the communications arm of the Riverside County Fire Department/CalFire, Office of Emergency Services, and the Emergency Command Center. Riverside County RACES consists of registered volunteers licensed by the FCC in the Amateur Radio Service.
Riverside County RACES operates on radio amateur frequencies by authority of the FCC in support of emergency communications. RACES can augment existing systems, substitute for damaged or inoperable systems, and establish communications links with otherwise inaccessible areas. Riverside County OES supports a countywide RACES system. Special consideration is given to using RACES to support disaster medical care and emergency public information operations.
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8.2.3 State Communications Systems
The following systems provide County OES and other departments with the ability to communicate with State agencies and with other OAs involved in response activities.
Response Information Management System (RIMS)
The Response Information Management System (RIMS) is a statewide internet-based, information database and retrieval system. Operated by State OES, the system serves as a platform for the collection, organization and dissemination of disaster information.
Requests for support are transmitted and managed via this system. Riverside County OES is responsible for coordination, training and authorization of RIMS use within the Operational Area. RIMS has two primary functions:
1 - Submission, Exchange and Analysis of Disaster Related Information:
RIMS has a set of reports available to all levels of government that break down various categories of disaster related information in a manner that quickly provides an overview of an event or multiple events. The structure of RIMS then allows users to zero in on specific details relevant to their particular role in the response effort. Because RIMS allows multiple users to submit and receive information on demand, it has dramatically improved the dissemination of disaster related information statewide.
2. Request, Task and Track Assistance:
RIMS has established an electronic link between agencies requesting assistance and agencies that can provide the needed resources. It allows Operational Areas to submit requests for emergency response assistance by computer to one of OES’ three Regional Emergency Operations Centers (REOC). These REOCs then review the request and task the appropriate state agency to provide the requested assistance.
Operational Area Satellite Information System (OASIS)
OASIS is a statewide communications system linking all 58 California counties with each other and with the State Warning Control Center in Sacramento. It transmits voice communications as well as data. In a disaster, OASIS provides a primary, as well as a back-up, means for the EOC to report damage and request assistance from State OES.
Because it is a satellite system, OASIS provides a relatively "fail-safe" means by which the County can transmit disaster situation reports to State OES and request assistance.
OASIS also serves as the input system for the Emergency Digital Information System (EDIS) and provides the EOC with a means of connecting with the internet. 524
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California Law Enforcement Radio System (CLERS)
CLERS interconnects law enforcement agencies of all counties and numerous cities.
This system is microwave-interconnected to provide statewide coverage. CLERS is the State's radio backup to the National Warning System. CLERS serves as the State's distribution network for Emergency Alert System (EAS) program feeds.
California Law Enforcement Telecommunications System (CLETS) CLETS is the telecommunications system that links all law-enforcement agencies in the State of California. Its normal function is to transmit Department of Motor Vehicle information from Sacramento to local agencies. CLETS provides California law enforcement agencies with the capability of obtaining information directly from Federal, State, and local computerized information files. In addition, the system provides fast and efficient point-to-point delivery of messages between agencies. CLETS is only available to law enforcement agencies.
State OES Fire Network
The State OES Fire Network serves fire support equipment. Radio equipment on this network is located with fire service agencies in 52 counties. The network employs mountaintop mobile relays and interconnects to the State Microwave System to provide statewide coverage.
Fire White
Fire White is a mutual aid radio channel, which allows the Incident Commander at the scene of an event to communicate with responding fire departments.
8.2.4 Alert and Notification of City Officials and Employees The City Manager or authorized staff who activated the EOC will contact the Section Chiefs and Management Section of the EOC using the Nextel Group Talk selection. If the Nextel system is not working, the City may use the EAS system to make radio broadcasts for City employees to return to work.
Section Chiefs are responsible for calling their section members through Nextel Group Talk or call tree of the EOC Contact List that is maintained and reviewed annually by the City ESC. Upon activation, personnel assigned to positions in the EOC should report to the EOC location and check in with their respective Section Chief.
If phone lines are down during a disaster, EOC staff should listen to KFI640 AM; KFRG
95.1 FM or KDES 104.7 FM for instructions and safety information and proceed to the EOC if it is safe to do so. Shifts and specific roles will be assigned depending on the scope of the disaster and availability of staff.
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Each department has a disaster reporting procedure that is specific for that department.
Employees should check with their supervisors to learn how and when they need to report and to learn about their disaster role.
Notification of City Officials is the responsibility of the City Manager or their designee.
8.3 Emergency Public Information
During all emergency operations, the City of Banning PIO will serve as the dissemination point for all media releases. The PIO will also coordinate all press information with the OA and the Joint Information Center (JIC) if established. Other departments wishing to release information to the public must coordinate through the PIO.
The duties of the Public Information Officer are to:
Rapidly provide the general public with information about the emergency and instructions about what they should and should not do;
Provide confirmed information about the emergency, its consequences, and relief and rehabilitation measures to the public and local, State, national, and international news organizations; and
Establish a Joint Information Center near the EOC for use by representatives of the print and electronic media.
The primary role of the PIO is to disseminate emergency instructions and critical information through the media to the public.
A secondary function is to provide the public (through the media) with accurate and complete information regarding incident cause, size, and status; resources committed; and potential short or long-term impacts, if known.
8.3.1 Public Information Officer Policies
During emergencies, the following policies and procedures are used to organize and manage public information for the City of Banning:
The Mayor and City Council provide policy guidance for dissemination of emergency public information;
Life-safety information and instructions to the public has first priority for release; The Emergency Alert System (EAS) is activated as the principal means to disseminate emergency and priority emergency instructions to the public; 526
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